“SATELLITE COMMUNICATION IN OUTER SPACE AND COPYRIGHT

PROTECTION”

Submitted by

PREYASHI SHRIVASTAVA

BA0140044

Project Submitted to

PREETHAM BALAKRISHNAN
Advanced Copyright Law Faculty

TAMIL NADU NATIONAL LAW SCHOOL

(A State University established by Act No. 9 of 2012)

NavalurKuttapattu, Srirangam (TK), Tiruchirappalli – 620009.

APRIL 2017
 DECLARATION

I Preyashi Shrivastava, Register Number BA0140044, hereby declare that this project work

entitled “Satellite Communication in Outer Space and Copyright Protection” has been originally

carried out by me under the guidance and supervision of Preetham Balakrishnan, advanced

Copyright law faculty, Tamil Nadu National Law School, Tiruchirappalli - 620 009. This work

has not been submitted either in whole or in part of any Degree / Diploma at any University.

Place : Tiruchirappalli

Date : 02-11-2018
ABSTRACT

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.
 SATELLITE COMMUNICATION IN OUTER SPACE AND COPYRIGHT
PROTECTION

INTRODUCTION

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. These images also helps
us in making provisions for the future disasters as in cases like various cyclones it gives us prior
alert. As images involving special skills forms part of the copyright protection under artistic
work but here raises a question about the protection of various unprocessed and raw images
generated from the satellites.

Copyright require work to be original, in some fixed form and publication to grant protection but
in the case of raw images it raises question as to fixation criteria which literally defaults it from
taking protection under copyright regime. Also the International law relating to Outer space
focuses on benefit sharing and common heritage which requires material available in the outer
space to be shared by the whole mankind as it is available by the nature for the welfare of all
without discrimination. This leads to the contradiction between International law and IPR
resulting into misuse of data as it neither has IPR protection nor International law protection.

The International Conventions like Berne Convention, Universal Copyright Convention, WIPO
Convention treaty, TRIPS, none of them talks about the remote sensing data in relation to images
directly coming from the satellites. Thus it lacks uniformity and mostly found in the grab of the
developed nations. The protection of remote sensing data is also controversial because the
images generated from it are in pure form similar to idea, the protection of which per se would
give rise to monopoly. The same is also not propagated by the copyright regime as its main
intention is to encourage innovation not create monopoly.
 CONTRADICTION BETWEEN COPYRIGHT PROTECTION LAWS AND
INTERNATIONAL LAW RELATED TO OUTER SPACE

International law in layman terms can be defined as the law that is followed between two
different states. It mainly consists of rules and general principles which are followed in almost
countries, to make the International law more operative. International Convention and treaties
signed by the countries with which they give their assent are the major sources of International
law enshrined under Article 38(1) of Statute of International Court of Justice.

International law related to Outer space wherein satellite lies summarizes in five major treaties.
These treaties are as follows- The Outer Space Treaty, 1967, The Rescue Agreement, 1968, The
Liability Convention, 1972, The Registration Convention, 1975, The Moon treaty, 1979.

If the provisions of these treaties are read thoroughly then three major points could be drawn and
they are as follows1:-

1. Outer space lies in common heritage of the mankind therefore not subjected to any kind
of misappropriation.
2. Outer space not forming part of jurisdiction of any of the state therefore subjected to
equitable and benefit sharing with the whole mankind.
3. Outer space also not subjected to national appropriation therefore whosoever
governmental organization or non-governmental organization causes destruction, would
be liable for the destruction caused.

Unlike International law, Copyright law protects the original work of the author and Originality
is defined by the Justice Holmes “absence of plagerism.” 2Also there are three tests laid down in
order to determine the Originality.

TEST FOR ORIGINALITY

1. Sweat and brow Doctrine:- The mentioned doctrine developed in UK and it requires
person to mark hard work in order to create the work. Thus the above doctrine
appreciates the hard work irrespective of what the work is created. The above doctrine
1
Kunwar Malhotra, Outer Space law and Problems of Space Debris, Academike (Nov 16, 2015, 4:49 PM),
https://www.lawctopus.com/academike/outer-space-law-problem-space-debris/
2
Howard B Abhrams, Originality and Creativity in Copyright Law, 55 LACP 3,44 (Spring 1992).
 was followed in the case of Walter v Lane3 wherein the copyright protection is granted to
the oral speeches published in the newspaper because it required skill and hard work for
the reporter to shortlist the speech and publish in the newspaper.
2. Modicum of Creativity:- This doctrine replaced the above mentioned doctrine and
propagates the intellectual creativity where the person thinks, executes its thinking and
results in creativity in order to prove originality. The above doctrine is also followed in
Fiest Publications Inc v Rural Telephone Service Co. Inc 4 case wherein the issue was
raised in relation to copyright protection of telephone direction which involves the four
wrong entries. The court held that the facts per se are not copyrightable but the facts
compiled together at telephone directory can be copyrighted because it brought modicum
of creativity.
3. Test of skill and judgment:- The mentioned doctrine requires work to be original to
involve certain form of “skill and judgment”. The above doctrine is followed in the case
of CCH Canadian ltd v law society of upper canada5 wherein head notes the case were
granted copyright protection because it requires intellectual skill to comprise and deduce
the case in order to make headnotes.

Also the copyright holds the idea expression dichotomy to be a myth because it is the
expressions which are protected, not the idea. Idea is the mental thinking of a person and
expression is the communication of that thinking through words. Thus it can be rightly said that
expression allows various manifestation of particular idea, all of which are individually
protection leaving the idea itself.6

The Supreme Court also brought a clarification on idea expression dichotomy by the following
judgment RG Anand v Delux Films7 Where it has clearly laid down that there can be no
copyright over plot, themes, mathematical formulae and historical or legendary facts and also
reader test would prevail in order to check similarity content.

3
Walter v Lane, (1900) AC 539.
4
Fiest Publications Inc v Rural Telephone Service Co. Inc, 18 USPQ 2d 1275 (1991).
5
CCH Canadian ltd v law society of upper Canada, [2004] 1 SCR 339
6
Richard jones, The Myth of the Idea/Expression Dichotomy in Copyright Law, 10 PLR. 551, 607 (1990).
7
RG Anand v Delux Films, AIR 1978 SC 1613
Thus the imperative of balancing International law with the copyright laws sound difficult as
prima facie they seem to be contradictory of each other. International law on one hand
propagates common heritage and benefit sharing, on the other hand, copyright talks about
protection of one’s skill and give rise to monopoly over one’s work and right against copying.
But if looked closely then we can realize that both the laws are somewhere running on the same
line. Copyright law by means of fair use allows work to remain in the public domain 8 in the same
manner as the International law related to Outer space allows for benefit sharing in case of
anything falling in space domain. Thus these two laws though seem to be on different track does
fall under same track when it comes for the welfare of the public. Hence both these laws take
into consideration the common good and utility of the product for the larger good.

POSITION OF SATELLITE BROADCASTING UNDER INTERNATIONAL

CONVENTION

The history of the International Copyright Protection can be traced back in the year 1886, when
Berne Convention came into existence. It provides inclusive definition for the artistic and literary
works wherein in includes every production in “literary, scientific and artistic” domain
irrespective of its mode.9 The mentioned convention protects the broadcasting and related rights
of the author in relation to artistic and literary work pertaining to national legislation. 10 Opinions
differs as to whether broadcasting here include satellite signals or not.11

USA for a long time did not incorporated the provision of Berne Convention therefore it came up
with the Universal Copyright Convention in 1952 which was more favorable to the USA. It does
not affect the provision of the Berne Convention but designed in such a way as to enrich the
benefit more to the USA like it introduces “compromising clause” according to which maximum
protection country can ask for is the protection available in the USA whereas USA can ask for
more Copyright protection in the other countries meaning according to the term provided in the
other country.12 It also does not add any provision related to satellite communication.

8
The Copyright Act, 1957, No. 14, S.52 (India).
9
Berne Convention for the Protection of Literary and Artistic Works, 1986, art. 2.
10
Id, art.11 bis.
11
WIPO, Guide to Berne Convention For the Protection of Literary and Artistic Work,
http://www.wipo.int/edocs/pubdocs/en/copyright/615/wipo_pub_615.pdf (last visited Oct 28,2018, 9.00 PM
(N.T.M)).
12
Joseph S Dubin, The Universal Copyright Convention, 42 Cal. L. Rev. 88,119 (1954).
The Rome convention, 1961 dealing mainly with the related rights also focuses on broadcasting
rights. This convention is a sort of closed convention requiring member state to be member of
either Berne or Universal copyright Convention.13 The mentioned convention also provides for
protection of broadcast as per their national treatment 14 and also certain minimum rights which
need to be protected.15 But till this stage there was only direct broadcasting was in existence, no
satellite communication was introduced.

These prevailing conventions were dealing with the traditional approach of the broadcasting then
came the satellite convention, also known as Brussel Convention 1974 which started with the
protection of broadcasting done by means of satellite and also the theft of signal emitted from the
satellite and are therefore known as special agreement in the domain of related right.16

The satellite convention per se does not deal with direct broadcasting but deals with the signals
emitted from the satellite which in between used by the distributor and violate the work of the
author. Thus the mentioned convention brought the cable distributors also within the domain of
the convention to protect the broadcasting right of the author. This is an open convention and
much in demand as due to raising digitalization and technological circumvention, this is the
easiest right to be infringed by the intermediary distributor.17

World Intellectual Property Organization Copyright Treaty, 1996 and World Intellectual
Property Organization Performances and Phonogram treaty, 1996 and TRIPS are the
technological advancement of the Berne and Rome convention respectively. These treaties
incorporated broadcasting organizations as to include satellite signals.18 Both these conventions
also provides for the rental right in the Article 7 and Article 9 of the WCT and WPPT. They also
provides for right management information in the Article 12 and Article 19 of the respective
conventions. Thus these conventions include satellite communication also to be part of the
broadcasting organization and are therefore protected.

13
Rome Convention for the Protection of Performers, Producer of Phonograms and Broadcasting Organization,
1961, Art 28(4).
14
Id, Art. 6.
15
Id, Art. 13.
16
WIPO, International Protection of Copyright,
http://www.wipo.int/export/sites/www/copyright/en/activities/pdf/international_protection.pdf (last visited Oct 27,
2018, 8.00 PM (N.T.M.)).
17
id
18
World Intellectual Property Organization Performances and Phonogram treaty, 1996, Art. 2(f).
The Beijing treaty, 2012 also provides for direct and indirect broadcasting of audio visual
signals. It also provide for similar fixation, reproduction and distribution rights.19

Consequently the Primary issues with broadcasting via satellite are as follows20:-

1. Pirated Signal:- It propagates one TV to be run by one signal as otherwise it violates

right to communication to the public.
2. Rebroadcasting:- Broadcasting of event is geographical territorial based therefore in
order to broadcast the event in other countries need to seek the permission from
authorized broadcasting organization. This leads to the contention of violation of freedom
of speech and expression because in order to view the event of national importance and
right to know are covered within freedom of speech is covered within freedom of speech
and Expression. The same issue was challenged in Ministry of Information and
Broadcasting v. Cricket Association of Bengal21 case wherein the amendment was made
in Copyright protection Act in 2012 and inserted a section 31D which talks about
Statutory licenses to be necessarily granted to Prasar Bharati in order to broadcast event
of national importance. Also the court held that the event broadcasted on prasar bharathi
would be delayed by 7 mins from the original broadcasting organizations in order to
maintain balance between exclusive right of the author and Freedom of speech and
expression.
3. Content Development:-Content developed by one broadcasting organization comes
within the purview of Idea therefore need not be copyrighted.

REMOTE SENSING DATA AND COPYRIGHT ISSUES IN OUTER SPACE

The issues related to broadcasting by means of satellite as been resolved by the conventions by
changing the definition of broadcasting and including signal emitted from satellite also within
the purview of broadcasting.22 But the issue related to copyright in outer space still remains
unresolved because space law is the international law and is uniform for all the countries

19
Nehaa Chaudhari & Amulya Purushothama, The Proposed Treaty for the Protection of Broadcasting
Organizations: Old Wine in a New Bottle?, 11 IJLAT 66,86 (2015).
20
Atharva Sontakke & Himaja Bhatt, Scope Of Rights Of Broadcasting Organisations Under Copyright Act, 1957, 3
RSLR 102,121 (2012).
21
Ministry of Information and Broadcasting v.Cricket Association of Bengal, 1995 AIR 1236
22
Brussels Convention Relating to distribution of Program carrying signal transmitted by Satellite, 1974, Art. 2(h).
whereas IP laws are state oriented and are also restricted to the geographical territory of the state
therefore they raises a question as to which state would possess the jurisdiction in outer space
when there is violation of the copyright.23 Here the researcher in only concerned with the
copyright issue rather than the jurisdiction. In regard to copyright issue, Outer space in
concerned with satellite consist of processed and unprocessed data, many countries has granted
copyright to final processed data came out from raw data because remote sensing satellites takes
images and send these images to satellite station on earth which brings out the processed data
from it and the said data then is highly used in weather forecast etc and is the result of
intellectual creativity.24But this issue is still remain unsolved in many jurisdiction because these
data is collected by machines which involves no human intervention therefore does not fit within
the criteria of the copyright. Therefore there is a dire need to change the copyright law in
accordance with then space law in order to prevent misuse of the data.

POSITION OF SATELLITE COMMUNICATION IN OTHER JURISDICTION

USA

The Earth Observation Satellite Company formed under the Commercialization Act of USA is
the private owned company responsible for collecting the data from the satellite and maintaining
competition with the other such foreign companies. The data received from the satellite consist
of two types- Processed data and unprocessed data. Unprocessed data is directly received from
the satellite in the raw form like photographs whereas the processed data by means human
creativity is derived from the raw data in more refined form. As USA is part of the Berne
Convention therefore work obtained by involving human creativity is protectable under the
convention however the same is not the case with unenhanced data. Unenhanced data is seemed
to be like the idea available to the whole mankind and anybody could make use of it and can
derive the benefits.25

23
Pooja Shree, Outer Space and Intellectual Property Rights, Selvam & Selvam (Feb 2, 2016)
https://selvams.com/blog/outer-space-and-intellectual-property-rights/
24
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).
25
J Richard West, Copyright Protection for Data Obtained by Remote Sensing: How the Data Enhancement
Industry Will Ensure Access for Developing Countries, 11 Nw. J. Int'l L. & Bus. 403,431 (1990).
There are global criticisms for the copyright protection of the enhanced data as it is against the
International convention related to the outer space and also diminishes the benefits of the
developing nation with the least opportunities available to them. International treaty on the one
hand provide for the common sharing of the resources available whereas the copyright protection
of the enhanced go for the protection of the data to one particular industry or to a one particular
state which also sometimes affects the sovereignty of the other state. Thus is the due to the
reason of the compliance with the International treaties and the fair use doctrine available in the
copyright law the unenhanced data is made available to the whole mankind to protect the interest
of the nations so that they could also refine it and make the greater use of it.26

EUROPEAN UNION

Processed data emerging out of unprocessed data is granted copyright under various International
Copyright treaties. So countries which are member to the Berne Convention are granted
copyright over the processed data. Thus in relation to the unprocessed data, Space agency called
European Space agency entered into Contract with the local supplier that they could affix their
copyright mark if the work regarding distribution is done under the license of ESA. The contract
though does not have legal validity but were so much in prevalence in order to get control under
unprocessed data as there is no legislation to protect it.27

In general these raw data just forma the part of database and in almost countries compilation of
database is been protected but the European Union had passed a directive 96/9/EC under which it
defines database as collection of individual work and also any systematic arrangement of data
and also provides two types of protection to the data- copyright protection and another one is sui
generis protection. Thus the mentioned directive provided the protection to the unprocessed data
also collected from the satellite.28

INDIA

The Antrix Corporation limited incorporated in 1992 under the Indian Space Research
Organization and department of space is the important agency responsible for the collection and
26
Supra note 25.
27
Shailendra Kumar, Satellite Image and Copy Right Protection: A Critical Analysis, IJLRG 40,69 (2018)
28
Dr. Adolf Dietz, Satellite Communication and Copyright Law, Part III, RBDI (1988)
selling of the remote sensing data. India had also incorporated “Remote Sensing data Policy,
2011” in order to regulate and distribute the whole information collected from the satellite. It
also provide sole and exclusive right to the department of space over the whole data collected
from the satellite though does not explicitly talk about processed or unprocessed data. National
Remote sensing centre decides the terms and conditions under which the data can be sold to the
foreign companies or to the public.29

Also under the copyright Act of India, 1957 it is difficult to establish the author in relation to
collection of data as it is primarily done by the machine without any human intervention and the
same is not dealt in the Act. Further according to the section 17 of the Act, data collected by the
public undertaking or any agency under the control of public undertaking then the data would lie
in the domain of public undertaking unless otherwise contracted. Thus it vests the whole right
under the control of the ISRO which is ultimately in the hands of the government and thus the
government gains monopoly over the remote sensing data.30

Thus any country who is the member of the Berne Convention is granting copyright protection
over the processed data collected from the Satellite and in relation to unprocessed data they are
entering into contract with the local partner to avail the usage of the same because it is similar to
the idea lying in common parlance which cannot be granted copyright but still the countries has
found the alternatives to take protection over unprocessed data too.

SUGGESTION AND CONCLUSION

Satellite communication though granted copyright by means of broadcasting right but still that
does not resolve the problem in outer space because satellite communication other than
broadcasting rights also consists of collection of both processed and unprocessed data in outer
space. Processed data however being the refined data and involving human creativity is granted
copyright without any doubt. The doubt arises in case of unprocessed data because it does not fit
into the criteria of Copyright as it neither in the fixed form nor involves any human creativity as
it is being collected by the computer software. Also the argument against their protection is
raised that unprocessed data is similar to the idea falling under common parlance therefore
29
Supra note 27.
30
Malay Adhikari, Legal Regime of Intellectual Property Rights of Spatial Data with Special Reference to India,
https://geospatialworldforum.org/2011/proceeding/pdf/Malay%20AdhikarifullPaper.pdf (last visited Oct 27, 2018,
8.00 PM (N.T.M.)).
cannot be copyrighted. Further another argument is raised that the data collected from the
satellites falls within the domain of outer space which propagates the benefit sharing and
common heritage therefore collecting the data and granting copyright over it in itself is the
violation of the International law relating to Outer space. Theoretically that argument can be
nullified by contending that the copyright laws are also welfare legislation as it also provides for
fair use thus giving the provision to make use of copyrighted material for the welfare of the
mankind and also helps in fulfilling the principles enshrined in Outer space treaties.

Practically, if observed then can be realized that the data collected from the satellite
communication is getting misused as most of the International copyright Conventions are
subjected to the national legislation and national legislation according to their whims and fancies
make rules and misuse the data like as the same being done by the European Union in relation to
unprocessed data by including the raw data under the definition of database and granted
copyright to the databases. This problem will remain in existence and in fact would continue to
grow more and more in the near future because of digitalization and easy way of misusing the
data. Therefore in order to balance both the laws i.e. copyright laws and International law related
to Outer space and to prevent misuse of the data and to leave unprocessed data under common
domain, it is necessary to make uniform IP laws for all the countries similar to space laws which
could very well be done by the International Convention. These Conventions could frame an
individual committee at the International level which would look after all these issues so that it
becomes the role model for the national legislations also to incorporate the same in their
territory. Incorporation of the treaty at both national and International level would help in
minimizing the misuse of both processed and unprocessed data and would also help in keeping
the principle of outer space alive as unprocessed data still lies in common parlance in compliance
with the outer space treaty.