Remote Sensing Data: Some Critical Comments on the Current State of Regulation and Reflection on Reform

Research output: Contributions to collected editions/worksArticle in conference proceedingsResearch

Standard

Remote Sensing Data: Some Critical Comments on the Current State of Regulation and Reflection on Reform. / Smith, Lesley Jane; Doldirina, Catherine .
Proceedings of the 49th Colloquium on the Law of Outer Space . ed. / Corinne M. Constant Jorgenson. 1. ed. American Institute of Aeronautics and Astronautics Inc. (AIAA), 2007. p. 253-264.

Research output: Contributions to collected editions/worksArticle in conference proceedingsResearch

Harvard

Smith, LJ & Doldirina, C 2007, Remote Sensing Data: Some Critical Comments on the Current State of Regulation and Reflection on Reform. in CM Constant Jorgenson (ed.), Proceedings of the 49th Colloquium on the Law of Outer Space . 1. edn, American Institute of Aeronautics and Astronautics Inc. (AIAA), pp. 253-264, IISL Colloquium on the Law of Outer Space - 2006, Valencia, Spain, 02.10.06.

APA

Smith, L. J., & Doldirina, C. (2007). Remote Sensing Data: Some Critical Comments on the Current State of Regulation and Reflection on Reform. In C. M. Constant Jorgenson (Ed.), Proceedings of the 49th Colloquium on the Law of Outer Space (1. ed., pp. 253-264). American Institute of Aeronautics and Astronautics Inc. (AIAA).

Vancouver

Smith LJ, Doldirina C. Remote Sensing Data: Some Critical Comments on the Current State of Regulation and Reflection on Reform. In Constant Jorgenson CM, editor, Proceedings of the 49th Colloquium on the Law of Outer Space . 1. ed. American Institute of Aeronautics and Astronautics Inc. (AIAA). 2007. p. 253-264

Bibtex

@inbook{edd0caf38ed4406a9d93fcd925ad820c,
title = "Remote Sensing Data: Some Critical Comments on the Current State of Regulation and Reflection on Reform",
abstract = "The authors provided an overview of several aspects of the legal protection of satellite remote sensing images. After referring to some national legislations and space policies for remote sensing distribution of spatial systems (US, Russian Fed., Canada, EU, India), the authors addressed the different legal protection formulas used in distribution agreements (copyright, EU Database Protection, classified information, etc.). Dr. Smith and Ms. Doldyrina questioned the applicability of the copyright formula to automatically generated data. In respect to EU Database Protection, the authors referred to several decisions of the European Court of Justice, which held that “...a right cannot be derived from the mere creation of a database”. The authors found highly questionable that under those Court decisions such protection applies to remote sensing operators, who only invest in creating a database. They proposed to create precise and clear definitions of remote sensing products, to identify proper legal protection for each of those products and to internationally harmonize the different licensing approaches. For this task, they suggested UNIDROIT as the forum to draft a model law.",
keywords = "Commercial law",
author = "Smith, {Lesley Jane} and Catherine Doldirina",
year = "2007",
language = "English",
isbn = "978-1-56347-877-2 ",
pages = "253--264",
editor = "{Constant Jorgenson}, {Corinne M.}",
booktitle = "Proceedings of the 49th Colloquium on the Law of Outer Space",
publisher = "American Institute of Aeronautics and Astronautics Inc. (AIAA)",
address = "United States",
edition = "1.",
note = "IISL Colloquium on the Law of Outer Space - 2006 ; Conference date: 02-10-2006 Through 06-10-2006",

}

RIS

TY - CHAP

T1 - Remote Sensing Data

T2 - IISL Colloquium on the Law of Outer Space - 2006

AU - Smith, Lesley Jane

AU - Doldirina, Catherine

N1 - Conference code: 49

PY - 2007

Y1 - 2007

N2 - The authors provided an overview of several aspects of the legal protection of satellite remote sensing images. After referring to some national legislations and space policies for remote sensing distribution of spatial systems (US, Russian Fed., Canada, EU, India), the authors addressed the different legal protection formulas used in distribution agreements (copyright, EU Database Protection, classified information, etc.). Dr. Smith and Ms. Doldyrina questioned the applicability of the copyright formula to automatically generated data. In respect to EU Database Protection, the authors referred to several decisions of the European Court of Justice, which held that “...a right cannot be derived from the mere creation of a database”. The authors found highly questionable that under those Court decisions such protection applies to remote sensing operators, who only invest in creating a database. They proposed to create precise and clear definitions of remote sensing products, to identify proper legal protection for each of those products and to internationally harmonize the different licensing approaches. For this task, they suggested UNIDROIT as the forum to draft a model law.

AB - The authors provided an overview of several aspects of the legal protection of satellite remote sensing images. After referring to some national legislations and space policies for remote sensing distribution of spatial systems (US, Russian Fed., Canada, EU, India), the authors addressed the different legal protection formulas used in distribution agreements (copyright, EU Database Protection, classified information, etc.). Dr. Smith and Ms. Doldyrina questioned the applicability of the copyright formula to automatically generated data. In respect to EU Database Protection, the authors referred to several decisions of the European Court of Justice, which held that “...a right cannot be derived from the mere creation of a database”. The authors found highly questionable that under those Court decisions such protection applies to remote sensing operators, who only invest in creating a database. They proposed to create precise and clear definitions of remote sensing products, to identify proper legal protection for each of those products and to internationally harmonize the different licensing approaches. For this task, they suggested UNIDROIT as the forum to draft a model law.

KW - Commercial law

M3 - Article in conference proceedings

SN - 978-1-56347-877-2

SP - 253

EP - 264

BT - Proceedings of the 49th Colloquium on the Law of Outer Space

A2 - Constant Jorgenson, Corinne M.

PB - American Institute of Aeronautics and Astronautics Inc. (AIAA)

Y2 - 2 October 2006 through 6 October 2006

ER -