An Analysis of Issues Arising from the Commercialization of Remote Sensing Activities
- Paper number
IAC-06-E6.3.07
- Author
Mr. Ketan Mukhija, NALSAR University of Law, India
- Year
2006
- Abstract
The imagery yielded by remote sensing satellites has traditionally been of great strategic importance, as they have the potential to be used in military and intelligence activities. Until a decade ago, high resolution satellite imagery was purely the domain of the most powerful and technologically advanced nations in the world. However, rapid developments in remote sensing technology have now put previously privileged information within easy reach of every person with access to the Internet. These developments include the proliferation of launch capability and substantial improvements in the field of imaging.
With the launch of commercial earth observation satellites such as IKONOS, high quality satellite imagery of practically any place on Earth has become available to any individual or organization willing to pay the required fee. This has been used to great effect, especially by news organizations covering such events as natural disasters.
The use of remote sensing technology in space is governed by the Outer Space Treaty, and the Principles Relating to Remote Sensing of the Earth from Outer Space which were adopted by the United Nations General Assembly. These Principles generally address the responsibilities of States that undertake remote sensing activities. Principle XIV states that:
“ States operating remote sensing satellites shall bear international responsibility for their activities and assure that such activities are conducted in accordance with the principles and the norms of international law, irrespective of whether such activities are carried out by governmental or non-governmental entities.”
The specific responsibilities of private commercial organizations that undertake remote sensing activities are not addressed by this or any other international instrument, as it was not envisaged that private players would gain complete access to this technology.
This paper shall look into the question of how these commercial organisations can be regulated and brought within the ambit of the laws governing the use of this technology.
The inauguration of services such as Google Earth and MSN Virtual Earth has resulted in satellite imagery with resolutions as high as 1-metre and below now becoming accessible to the general public. This brings with it a swathe of unaddressed privacy issues that will be dealt with in this paper, along with other issues arising from the entry of private players into the arena of remote sensing.
Now that commercial remote sensing programmes are operational in most of the space-faring nations, the continued existence of the technology depends upon how well the private sector can market satellite data. An understanding of the application of intellectual property rights to remote sensing data requires an understanding of the difference between enhanced and unenhanced data. Unenhanced data, or raw data, is obtained directly from the satellite, and primarily consists of digital information or photographs. Enhanced data, in contrast, is the result of human or electronic analysis of the raw data.
Developing nations have expressed concern regarding the legal protection of processed data. When we talk about India, we have to remember that it believes in the universal notion that the very concept of introducing IPR would amount to revelation of technology to the world at large. Therefore, it has, to a great extent, actively desisted from obtaining patents or copyrights.
However it is conceivable that in the near future the views of such developing countries will change. This will occur upon the realization that the benefits of copyright- widespread availability and low prices for unenhanced data will outweigh the disadvantages-decreased availability of processed data or revelation of technology. As developing nations become capable of processing data themselves, they may also accept copyright due to the fact that it will protect their own processed data from theft and misappropriation by entities which might use the information to exploit the developing nations’ resources.
A comparative assessment of the actual copyright provisions in the LANDSAT, SPOT, MOS-1, ERS-1 AND RADARSAT programmes in the countries of the United States of America, France, Japan, European Union and Canada respectively would show that even though these copyright provisions were created at approximately the same period, in the late 1980s, they have not exactly addressed IPR issues in remote sensing in the same way. The divergence here would serve as a good pointer for other countries as and when they decide to have an active remote sensing data protection programme in place.
The Indian remote sensing programme is undoubtedly one of the best in the world today but it is interesting to note that as a nation, we have not concentrated too much on the importance of intellectual property rights protection. This paper, thereby, shall also attempt to demonstrate that copyright protection of enhanced remote sensing data is vital and will serve the divergent needs of both industrialized and developing nations. Taking the experiences of other countries, arguments for having a strong copyright regime in the country would be stressed on. After all, national regulation remains central when international implications have to be examined because international space law does not provide for the protection of private rights and even less for the protection of intellectual property rights in particular.
- Abstract document
- Manuscript document
IAC-06-E6.3.07.pdf (🔒 authorized access only).
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