Intellectual Property Rights

From a different perspective...

The final frontier?

Or a new venue for Intellectual Property concerns and conflict. This page is designed to provide Internet resources on remote imaging issues and space.


Introduction
Exploitation & Assistance
Old Pictures & New Players
National Security
IPR & Space Resources
Comments & Suggestions
Works Cited

Who's pictures are they?

The doors for economic opportunity for Eastern Europe opened at the end of the Cold War in some unusual places. Launching facilities for military programs are seeking profits by taking on new roles. The new launches are not only sending up new communications networks, (see TELEDES) but also remote sensing satellites to compete with current imaging companies. Spy satellite imagery once secretly locked away behind the "iron curtain" is being liberated for profit. Joint space endeavors produce new products and approaches to science which defy categorization by earthbound copyright laws. Combine this new trend with a process of globalization with impacts on trade, the environment, and even culture, and a new realm of Intellectual Property Rights issues materializes as though from outer space. This page focuses on property rights issues in space that are created by earth imaging companies and the rights to the images they collect.

Exploitation & Assistance

Developed nations have the technology to photograph from space, parts of the earth which, for the purposes of mining, agriculture, arms control, crisis management and other resource interests, can be exploited to the advantage of those developed nations.1 Countries which do not have access to the same information are at a disadvantage. On the other hand, the same information can be used to assist developing countries, which can be good, depending on the type and durability of the assistance.

For example, the images below show a flood of the Mississippi. This information can be used to aid disaster relief officials, insurance companies, property owners, and the news media, assuming the images are made available at a reasonable price.2

CIA satellites monitor food crops around the world to forecast world shortages.3 As another example, in the developing world, satellite images are used to help discover natural resources. Niger has recently been found to have petroleum systems.4 While this discovery has positive impacts for Niger’s economy, actions taken to extract this resource would have impacts on its environment which would not improve it. (See NIGER Case)

An example of the uses of satellites for non-exploitative purposes is ironically provided by the CIA. Agency scientists are using their spy satellite technology to monitor old growth forests, shifts of sand mass of deserts, and other targets of potential natural disaster. All the same, the project is kept secret to protect the location and abilities of these satellites. The contradiction between monitoring natural environments and not making results of those observations available to a wider scientific community draws into question the goals of this project.5 The British National Remote Sensing Center (NRSC) has contracts with resource locating companies, crop monitoring agencies, and defense ministries, but it also aids developing countries. A contract with Qatar assisted them with locating ground springs which flowed into the Persian Gulf. These valuable fresh water springs could be tapped to help with water shortages in Qatar.6

New Players & Old Pictures


Competition for providing these images has recently increased the availability of satellite imagery in a couple of different ways. First, besides the US Landsat series of satellites, and France, Sweden and Belgium’s Spot Image, and the European Space Agency, Japan, China, India, Israel, Canada among others have civil, private sector remote sensing spacecraft in orbit.7 As part of its weapons conversion process, the Ukraine is taking advantage of its launch facilities by making them available for new projects. They are working with EOSAT in the US on ocean radar programs, the US government on new technology efforts and Booster developments of interest to Boeing and Aerospatiale.8 The US Air Force will use new images from new Russian civil spacecraft developed by the Priroda (nature) organization. Priroda competes with Spot Image because their images are cheaper, but they are at a disadvantage because Spot is well integrated in the GIS market and Priroda is a new entrant.9

Second, high resolution images which were used as a tool of the Cold War are now being marketed for profit since the US and Russian governments can no longer use national security as a reason to classify the images as "top secret".10 Another incentive to sell the images is the decline in defense budgets. Increased availability of high resolution images pose several political concerns. Taking advantage of these images could result in balance of power upsets, aggravation of military capability asymmetries, image-influenced changes in dynamics of an alliance, and the complication of crisis management. A country with access to satellite images could influence a relationship with an alliance to its own advantage. Early awareness of a crisis could increase the number of actors involved with providing relief in a crisis situation by influencing the event with their "help." Offensive military application of imagery is also a concern.11 High resolution images, combined with Global Positioning System (GPS) data, ground surveys, and maps aid weapons with striking within a few meters of targets. China’s role as a provider of satellite images should prove useful for countries like Iran or Libya which have political difficulties obtaining such information from the United States.12

National Security

Given these potential threats, the United States has been hesitant to allow the sale of images without some regulations. The US national security excuse takes the form of the 1992 US Land Remote Sensing Policy Act and has hampered American companies interested in competing in this race. One argument is that once sensitive images get into the hands of opposition, the US looses a degree of security.13 Yet images can be obtained, if not from the US, then from another imaging organization. Thus arguments from the private sector support liberalization of the remote sensing market in the US.14

National security happens to be a major concern for other countries as well. China’s communication infrastructure development is one example where the means of communication are controlled by the state in order to retain political stability in the face of the democratic forces of communication accessibility.15 But does an organization representing many countries not have a right to assemble and exploit images of countries if that organization puts up the money for the project? How can images be controlled when sales are driven by the market and technology? Can developing countries charge users or photographers for taking pictures of their countries? What grounds do they have to stand on when the technology and imagry is "owned" by the developed economies?



Space & IPR Resources

Relevant Articles

European Center for Space Law

Intellectual Property Rights and Space Activities

European Industry Perspective

NASA on IPR and Space (search results)

Education

Intellectual Property Valuing & Licensing Course
Other Space Courses
Society for Mining, Metallurgy and Exploration (SME) & Society for Economic Geologists (SEM)
Tradeshow Schedule
Centre for Remote Imaging, Sensing and Processing (CRISP)

Related Projects

Remote Sensing for Archeology IPR & International Service for the Acquisition of Agri-biotech Applications International Trade Law Links

Photographers

Spot Image
RADARSAT
CIESIN
ESRI - GIS Stuff
PCI - Image Software
Caliper
ERDAS
Macdonald Detweiler & Links
ERMapper
Intergraph
MapInfo

Space Images & Other Resources

USGS Maps of USA Free Caliper Maps

Search Tools

Search Spacelinkand the NASA Internet WWW Virtual LibraryRemote Sensing FAQ UCSD




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Works Cited

1. Fotos, Christopher. "Commercial Remote Sensing Satellites Generate Debate, Foreign Competition." Aviation Week and Space Technology. December 19, 1988 p48-52.

2. All earth images on this page are borrowed courtesy of Spot Image, courtesy of Hanley, Colleen. "Global Satellite Imagery: News Media CD." Spot Image Corporation. Reston: Spot Image Corporation, 1997.

3. O’Callaghan, Kate. "Eyes in the sky." Audubon. V99 n1 January 1, 1997 p19.

4. Zanguina, Mamadou. "Opportunities seen in three petroleum systems in Niger." Oil and Gas Journal. V94 n19, May 6, 1996 p126-128.

5. Gupta, Vipin. "New Satellite Images for Sale." International Security. V20 n1, Summer 1995 p94-125.

6. Bowens, Gregory. "Senators Warn Spymasters to Get Down to Business." Defense and Foreign Policy. V51 n46, November 20 1993 p3212.

7. Asker, James. "Remote Sensing Sales Grow With Expanding Data Needs." Aviation Week and Space Technology." July 13, 1992 p46.

8. Covault, Craig. "Ukraine Accelerates Space Projects." Aviation Week and Space Technology." June 27, 1994 p72.

9. Covalt, Craig. "New Russian Spacecraft to Compete Against Spot."Aviation Week and Space Technology." May 23, 1994.

10. Hernadez, Debra. "Regulating Commercial Satellite Gathering of Information." Editor and Publisher V127 n10, March 5, 1994 p14 & 25.

11. Studeman, William. "The space business and national security: An evolving partnership." Aerospace America. V32 n11, November 1994 p24-29.

12. Gupta, Ibid., 119.

13. Covault, Craig. "British Lead Oil, Crop Analyses from Space." Aviation Week and Space Technology. October 24, 1994 p44-47.

14. Asker, James R. "Commercial Remote Sensing Faces Challenges on Three Fronts." Aviation Week and Space Technology. July 13, 1992 p53-59.

15. Furber, Andrew H. "A New Great Wall of China: Preventing Invasion or Squandering Opportunity?" Policy Analysis Paper for International and Comparative Communication Policy Course with Shalini Venturelli. Washington, D.C.: American University, April 29, 1997.

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