Home > IPLJ > Vol. XXXV > No. 4 (2025)
Abstract
This research focuses on the intricate interplay between two branches of law: copyright and space law. Through various scenarios, some real and some hypothetical, it underlines the inefficacy of the terrestrial copyright principle, namely the lex loci protection, when applied to outer space endeavors. In outer space, the law where the infringement arises is useful only when the jurisdiction is clear, which is on board of registered space objects; however, that is not even the case for all space objects. On board poli-jurisdictional entities, such as the ISS, the lex loci protectionis fails to provide a clear legal framework, at least within the European Space Agency’s module, Columbus. Thus, the opposite principle, the lex loci originis, might be the most suitable for solving extraterrestrial copyright-related cases. However, the latter principle is not widely accepted by States around Earth. The alternative scenario involves acknowledging the existence of a void in protection within the international legal framework. Many have suggested to amend the international copyright system, or the Corpus Iuris Spatialis, in order to encompass these peculiar issues. Besides academic efforts, this specific request has not had a real impact on policymakers. Furthermore, the presence of new, private players in outer space will add layers of complexities, which require updated rules. In deference to the need for clarity in the application of the law, the research calls for action by international policymakers in order to establish a coherent system capable of encompassing this interplay, maybe adopting a “stand-alone” system, different from the terrestrial copyright principle. In the meantime, the proposition that terrestrial copyright norms are not applicable in outer space appears plausible and, while contentious, is arguably more equitable than a case-specific and discriminative application of opposite principles, which could result in disparate levels of protection. This proposition will also give Earth the chance to experiment and determine whether the lack of protection for artistic creation fosters or hinders creativity.
Recommended Citation
Marco Franzoso,
“Fly Me to the Moon . . . & back”: The Intricate Interplay between Copyright Law and Space Law,
35 Fordham Intell. Prop. Media & Ent. L.J. 948
(2025).
Available at: https://ir.lawnet.fordham.edu/iplj/vol35/iss4/2
