We are happy to announce that a recent Ex Libris Juris blog post - Who Owns Space Stuff? - was included in last week's Top 10 Blog Posts on Texas Bar Today, a publication of the State Bar of Texas. As the sole public law library in Space City, we are always happy for the opportunity to research and write about laws related to space exploration and our hometown space agency - NASA. Keep following our posts on Ex Libris Juris to see more posts on space law and plenty of other topics of interest to the Harris County legal community.
Who Owns Space Stuff?
When a meteorite hit the ground in Egypt in the 13th century, the question of what to do with it was easily answered - make a dagger out of it and give it to King Tut. The question today of who owns space objects is less-easily answered and likely to involve some litigation. For example, when a meteorite hit a clinic in suburban Virginia in 2010, a dispute arose between the doctors and the landlord about who owed the rock. After some legal research and novel arguments, the doctors were able to donate the rock to the Smithsonian and donate the finders fee to Doctors Without Borders.
In honor of Space Law Month here at the Harris County Law Library, we thought we would assemble a few resources to help answer the unusual question of who owns a celestial chattel. As with the answer to many legal questions, the answer starts with "it depends," so here are resources for a few scenarios.
Natural Objects Naturally Falling to Earth
The question of ownership over space rocks that fall from the sky seems to be jurisdictional in nature. In his 2002 article in Meteorites & Planetary Science, Canadian lawyer Douglas Schmitt provides a survey of laws of various nations applicable to found space objects. Depending on where the rock hits the Earth, it may belong to the finder, the landowner, a government agency, or a national museum. With citation to relevant cases and regulations, Schmitt's article is a great place to start your research.
Natural Objects Brought to Earth
No one is legally entitled to own lunar objects, including moon rocks, pebbles, core samples, or space dust that has been collected in the course of a lunar mission and brought back to Earth. All samples of this type are considered national treasures. One individual, Alan Rosen, learned this lesson the hard way. On a business trip to Honduras in 1995, Mr. Rosen met with a retired Honduran colonel, Roberto Argurcia Ugarte, who had acquired a moon rock and accompanying plaque following a military coup in 1973. The artifact had been given as a gift by President Nixon on behalf of the United States to the people of the Republic of Honduras. Mr. Rosen purchased the moon rock from Colonel Ugarte and brought it back to the United States in violation of 19 U.S. Code § 1595a. Upon learning of Mr. Rosen’s acquisition, the United States sought to seize the artifact in the case known as UNITED STATES of America v. ONE LUCITE BALL CONTAINING LUNAR MATERIAL (One Moon Rock) and One Ten Inch by Fourteen Inch Wooden Plaque Defendant In Rem. Details of the case and the events surrounding Mr. Rosen’s acquisition of this rare space treasure are presented in The Case of the Missing Moon Rocks, along with film footage of astronauts collecting lunar artifacts from the surface of the moon.
Man-made Objects in Space
With an estimated 21,000 bits of space debris now orbiting the Earth (for an excellent visual representation of all this space junk, see James Yoder’s fascinating website, Stuff in Space, a real-time 3D tracking tool of each object’s location, orbit, and speed), issues concerning ownership of satellites and the like can present major legal issues. When confronting these issues, there are different aspects of ownership that might be researched, including who may exert ownership over objects in orbit and who is responsible for damages if those objects do harm. In his 2012 article published in The Space Review, space law attorney Michael Listner provides an overview of laws applicable to both facets of the question. According to Listner, these objects all still belong to the country that launched them under the 1967 Outer Space Treaty, which seems to clear up the question until one considers the web of arms treaties and quasi-binding conventions and agreements that may also come into play. Listner's article will help jump start your research.
Man-made Objects Naturally Falling to Earth
When man-made objects fall from space, causing personal injury or damage to property, the question arises: Who do we sue and how do we do it? The 1972 Convention on International Liability for Damage Caused by Space Objects is a good resource to consult, unless of course the space debris is part of a United States vehicle that makes landfall on American soil. In this case, the Federal Tort Claims Act may apply. In either case, the likelihood of confronting this issue is low. Space debris does occasionally fall to Earth, and even small chunks of orbital junk (< 2 inches), can be harmful, but most of the derelict space craft and associated debris poses little risk to those of us on terra firma. Even so, as an intellectual inquiry, the question of what happens to objects hurling through space is well-addressed in this Primer on the Legal Issues Surrounding Space Debris Remediation.
With this blog post, we conclude Space Law Month at the Harris County Law Library. We hope you’ve enjoyed reading and learning about the legal issues surrounding outer space exploration as much as we’ve enjoyed sharing resources with you.
Perseid Meteor Shower Tonight!
Image Credit: NASA - Originally published at http://www.nasa.gov/image-feature/watching-meteors-from-the-space-station
Our hometown space agency NASA reports that the annual Perseid Meteor Shower is expected to produce quite a show this year and will peak tonight (Aug. 11, 2016) and tomorrow night (Aug. 12, 2016). While photographers throughout the world will undoubtedly capture phenomenal photographs of the event, very few can capture the types of images NASA will take from the International Space Station and other extraterrestrial locations.
So, how can you use these images when your camera equipment isn't mounted to a rocket? NASA makes it easy! As an agency of the federal government, NASA produces quite a bit of content that is not copyrighted (See U.S. Government Works on USA.gov). As such, beautiful photos and video of outer space, celestial events, and sleek spacecraft are available for use free of charge and without prior permission - especially for educational use - at NASA.gov! However, there are a few caveats to keep in mind:
- Be sure to follow the Media Usage Guidelines, which include giving NASA credit for the content the agency has produced.
- Some of the content on NASA.gov is copyrighted by third parties, so you may have to get permission to use that content from the copyright holder even if you find it on NASA.gov.
- The NASA Logo is protected under laws other than copyright and non-NASA entities are prohibited from using it without express permission under 14 C.F.R. § 1221.
Enjoy the Perseid Meteor Shower and visit the Law Library throughout the month of August for Space Law Month!
Continuing Pokélegal Education
Avoid looking for Pokémon in jail.
Following up on our introduction to Pokémon law two weeks ago, the Pokémon experts at Ex Libris Juris have a few more trainer tips about Pokémon Go:
- Pokémon Go creator Niantic Labs has created a webpage to request removal of specific Pokéstops or Gym locations (virtual zones that attract both Pokémon and their would-be captors to real-world coordinates). This Pokémon pest control is intended to alleviate the safety concerns, violation of private property rights, and even disrespect towards the fallen plaguing property owners (mis)fortunate to be adjacent to virtual Pokémon hot spots.
- Iran has become the first country to ban Pokémon Go after its High Council of Virtual Spaces announced the game represented a potential security threat. Meanwhile, New York has imposed a new condition for registered sex offenders on parole preventing them from playing Pokémon Go, as well as any other Internet games.
- A New Jersey attorney has filed a federal class action suit against Niantic Inc., Nintendo Co. Ltd., and The Pokémon Company for nuisance and unjust enrichment. The suit alleges that the virtual placement of Pokémon via GPS coordinates corresponding and/or adjacent to private property constitutes an invasion of one’s enjoyment and use of the land. The full complaint may be read online via the Wall Street Journal. The plaintiff is seeking damages as well as enjoining the defendants from continuing to populate private property with Pikachus and the like—relief that, if granted, would effectively put an end to all the Pokémon fun.
Reinheitsgebot - 500 Years of the Law of Beer
Happy International Beer Day! In honor of the day, our blog post features a ancient law from medieval Germany that has influenced how this popular adult beverage has been crafted over the last half millennium!
Bavarian Dukes Wilhelm and Ludwig, who issued the original German Beer Purity Law in 1516.
Reinheitsgebot - Ancient German beer law that still holds sway
Celebrating its 500th anniversary this year is the Bavarian beer purity law known as Reinheitsgebot. The law was issued by the Dukes Wilhelm and Ludwig of Bavaria in 1516 to ensure that beer was brewed with only three ingredients - barley, hops, and water. Whether it was done to promote public health (yes, beer was a health food in the 1500s) or to drive down the price of wheat to make bread more cheaply, the lasting effects of the law are undeniable. Today, the American brewery Sam Adams proudly reports on its website that it's Boston Lager was the "first American beer sold in Germany" after passing Reinheitsgebot regulations in 1985!
For more on Reinheitsgebot, visit In Custodia Legis, a blog from the Law Library of Congress, and the Smithsonian Magazine, from the Smithsonian Institution.
