A Rightly Balanced Intellectual Property Rights Regime as a Mechanism to Enhance Commercial Earth Observation Activities

Paper number

IAC-09.E8.4.2

Author

Ms. Catherine Doldirina, McGill University, Canada

Year

2009

Abstract

Two thirds of all earth observation (EO) satellites launched in 2008 were commercial or civilian. This trend signifies that EO activities are becoming more and more important, as the range of uses of earth observation data and information products derived from them becomes wider and more varied. Despite these {\it de facto} developments, {\it de jure} this type of activity did not receive enough discussion as to what the most appropriate regulatory regime should be like.

Due to the absence of an international treaty governing EO activities, the states have to adopt relevant rules themselves. Therefore, the national regimes can vary substantially depending on the goals of governments to regulate, as well as there are existing laws applicable to EO activities. One of such fields of law is intellectual property law and especially copyright law. Its norms, although not directly applicable to EO activities themselves, shape the relationships regarding the use and distribution of EO data. Unfortunately, there are some important differences in how national laws in different jurisdictions regulate the issues of the subject matter of copyright protection, as well as the conditions of use of copyrighted works.

The paper aims at giving an overview of how copyright law is or can be applied to EO data, what types of such data can be protected by copyright, and to what extent. This analysis serves as a basis for assessment of what national approach regarding copyright (if any) is best suited for the commercialisation of the earth observation activities. The copyright law norms will be assessed with special emphasis on two factors: their potential to commercialise data analysis and production of geographic information; and their ability to secure the widest possible flow of data and information. The rationale behind such a ‘quest’ is to find out, application of which provisions of copyright law could foster the development of private activities within the field of earth observation, and change it from being institutionalised and mostly government-run to a commercially attractive enterprise that nevertheless is beneficial for the society on the whole, and not just for the private interest behind it.

Abstract document

IAC-09.E8.4.2.pdf

Manuscript document

IAC-09.E8.4.2.pdf (🔒 authorized access only).

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