SATELLITE COMMUNICATION IN OUTER SPACE AND COPYRIGHT

PROTECTION

PREYASHI SHRIVASTAVA

BA0140044

Outer space has always remained a fascination and enigma to the mankind. It is a distant dream
of every state, every scientist to know everything about space and other activities of the Earth.
To an extent it is made possible because of Satellites. These satellites provide images in relation
to various studies like metrology, cosmology, environment, forestry etc. So in regard to these
images generated there arises a question whether these images are copyrightable or not
especially the raw data as they do not come out of human intervention and the major requirement
to get work copyrighted is human efforts.

Article 51 C of the Indian Constitution states duty towards International law and International
laws provides five major treaties dealing with outer space and activities thereon. These treaties
are :- The Outer Space Treaty, 1967, The Rescue Agreement, 1968, The Liability Convention,
1972, The Registration Convention, 1975, The Moon treaty, 1979.

These treaties emphasis on benefit sharing and freedom to use the outer space as it lies within the
common heritage which is contrary to the copyright laws. In the absence of any uniform
copyright laws dealing with satellite communication lead to misuse of data collected from
satellite especially the raw data as these are not being protected under any legislation. Therefore
there is a dire need to frame uniform laws, in compliance with the International law, to stop the
data getting misused and also encourage innovation by means of protecting under copyright
regime.

Keywords:- Outer Space, Satellite, Raw Data, International law, Equitable Sharing, Copyright
Protection.
RESEARCH QUESTION

1. Whether Copyright Protection laws and International laws related to Outer Space are in
contradiction of each other?
2. What are the copyright issue relating to remote sensing data in outer space and the same
in relation to broadcasting right by means International Convention?
3. What are the Copyright laws prevailing in other countries like USA and European Union
in relation to protection of remote sensing data?
4. What could be the possible framework for uniformly protecting these remote sensing
data?

RESEARCH OBJECTIVE

1. To know the relationship between Copyright protection laws and International laws
2. To analyse the International Copyright Convention in relation to Unprocessed data
directly coming from satellite
3. To know the copyright laws prevailing in other countries like USA and European
Union in relation to remote sensing data
4. To comprehend the possible framework for the uniform protection of these remote
sensing data.

REVIEW OF LITERATURE

1. Shailendra Kumar, Satellite Image and Copy Right Protection: A Critical Analysis,
IJLRG (2018).

The above Article gives the vivid understanding of the topic and also sets forth various
challenges faced by copyright regime in relation to protection of raw data as it runs
contrary to the International Law and also to the criteria fixed for getting copyright. The
researcher referred the above Article to understand the purview of satellite
communication in relation to copyright protection.
2. Howard B Abhrams, Originality and Creativity in Copyright Law, 55 LACP 3,44 (Spring
1992).
The author in the mentioned Article talks about the major component i.e. Copyright
required in order to claim copyright. It list lists down three tests along with the case laws
in order to determine originality in the present case. These tests are as follows:- Sweat of
the brow doctrine emphasizing labour put by the author, Modicum of creativity focusing
on intellectual creativity required to create the work and test of skill and judgment
requirement the wok in order to be called original should be based on some sort of skill
and judgment. The researcher referred the above article in order to incorporate the above
test to explain the concept of originality.

3. Richard jones, The Myth of the Idea/Expression Dichotomy in Copyright Law, 10 PLR.
551, 607 (1990).
The author in the mentioned Article criticizes the inseparable of the Idea and Expression
and says that it is myth. Idea is the concept existing in the mind of the person whereas
expression is the application of the same. Idea is something which lies in common
parlance like sun, moon etc.and thus one idea can be manifested in various expression
therefore idea are not copyrightable and expression can be copyrighted. The author also
supported his view by giving various case laws and one among which is R.G. Anand v
Delux Films, which clearly said that one theme can be undoubtly used by the other author
with the addition of other similar issues and different way of expression. The researcher
referred the above Article in order to understand the nature of Idea Expression
dichotomy.

4. Joseph S Dubin, The Universal Copyright Convention, 42 Cal. L. Rev. 88,119 (1954).
The author in the mentioned Article talks about the Universal Copyright Convention
which is more favorable according to the terms and conditions of the USA. It contains
compromise clause according to which USA can get term protection according to the
protection provided by the other country whereas other countries providing more term
protection than USA would be able to get the protection similar to what is provided in the
USA. It also talks about the broadcasting rights via satellites. The researcher referred the
above article to know the broadcasting right provided in the treaty.
5. Nehaa Chaudhari & Amulya Purushothama, The Proposed Treaty for the Protection of
Broadcasting Organizations: Old Wine in a New Bottle?, 11 IJLAT 66,86 (2015)
The author in the mentioned Article discusses the rights provided in various treaty like
Berne Convention, Rome convention, WCT,WPPT, TRIPS, satellite convention and how
in period of time changes emerged with respect to broadcasting right. First the
broadcasting rights were only limited to direct signal obtain by means of antennae but
now it has been changed to broadcasting by means of satellite. The researcher the
referred article to understand the changes emerged in broadcasting rights and copyright
laws in relation to.
6. Atharva Sontakke & Himaja Bhatt, Scope Of Rights Of Broadcasting Organisations
Under Copyright Act, 1957, 3 RSLR 102,121 (2012).
The author in the mentioned article also discusses the history of broadcasting right by
means of various treaty and the changing regime of broadcasting rights via satellite.
Additionally, it also discusses the compromise being done between copyright laws and
freedom of speech and expression in relation to broadcasting rights if the event consists
of national importance by case laws. In such case statutory license is provided to prasar
bharti to broadcast the event of national importance at lower cost or free but at the same
time the broadcasting of the event on prasar bharati would be delayed by seven minutes
thus to maintain the balance between copyright laws and fundamental rights. The
researcher referred the above Article to understand such controversies relating to
broadcasting rights with respect to copyright laws.
7. Prof Sergio Marchiso, National jurisdiction for Regulating Space Activities of
Governmental and Non-Governmental Entities, Activities of States in Outer Space in
Light of New Developments: Meeting International Responsibilities and Establishing
National Legal and Policy Frameworks, Institute For International Legal Studies CNR
(2010).

The above Article talks about various treaties signed by the majority of the countries in
relation to Outer Space. These treaties focus on equitable sharing of the resources
available in Outer Space. There is no legislation dealing properly with these resources or
the data collected from these resources. Therefore the data is being misused as the
 jurisdiction and liability still remains unsolved by these treaties. The researcher refers this
article to understand the nature of these five major treaties dealing with the outer Space.

8. Dr. Adolf Dietz, Satellite Communication and Copyright Law, Part III, RBDI (1988).

The excerpt of the book majorly focuses on European Copyright System and the most
important theory Bosch Theory which was named after former WIPO Director-General
Dr Arpad Bogsch. According to the said theory infringer would be liable in every country
which can access to the internet meaning author would have virtual protection in every
nation. It generally restricts the satellite broadcasting in all the countries without the prior
permission of the author. This theory was contradictory to the emission theory. The
researcher referred the above Excerpt in order to understand the copyright regime
prevailing in European Union in relation to the satellite broadcasting.

9. V K Ahuja, “Law Relating to Intellectual Property Rights” 123-127 (2nd ed., Lexis Nexis,
Haryana), 2015

The above mentioned book gives clear understanding to the copyright regime prevailing
all over the world. It lays down certain criteria which need to be fulfilled while bringing
the subject the matter under the regime of the copyright like it requires fixation,
originality and minimal creativity. The researcher referred this book to understand
whether the remote sensing data emerging from the satellite communication would come
within the purview of Copyright or not.