NASA: Copyright and Trademark in Space

On April 1, 1995, the Hubble Space Telescope photographed the “Pillars of Creation.” The photo features three “towers” of gas and dust roughly 7,000 light years from Earth. While it wasn’t the first image of the pillars taken, its beauty, detail and awe-inspiring size made it an instant hit.

Since then, it has been featured on T-shirts, coffee mugs, posters, books, and countless other places. However, despite the billions that went into taking that photo and the millions made from it, anyone can copy, sell, or distribute the image for free.

The reason is simple. NASA, the operator of the Hubble Telescope, is a United States government agency. All of its work is automatically in the public domain.

But while that gives users a great deal of latitude when using NASA images, it’s not limitless. As NASA notes in their media guidelines, there are several times when using NASA images could be breaking the law.

Here are the major ones to be aware of.

Logos and Insignias

The top of NASA’s media guidelines page clearly states that NASA’s insignia, logotype, identifiers, and related imagery are not in the public domain. They are protected by law. Using them in a promotional capacity without receiving clearance is not allowed.

The reason is simple. NASA doesn’t want individuals using their logos to indicate that something is endorsed by them when it is not. So, while featuring a NASA logo in an editorial capacity is fine, even in a commercial work, using it to promote the work is not.

As NASA puts it, “If the NASA material is to be used for commercial purposes, including advertisements, it must not explicitly or implicitly convey NASA’s endorsement of commercial goods or services.”

Media Featuring Identifiable Persons

Just because a photo or video is in the public domain doesn’t mean all rights in that work disappear. In cases where the media contains an identifiable person, using that media in a commercial way may infringe on their right of privacy or publicity.

However, determining whether someone is “identifiable” can be tricky. As NASA points out, astronauts may have their faces hidden in photos but can still be identified due to patches on their suits or uniforms.

In short, clearance is needed from those individuals when using their image commercially. However, if their consent is given, their affiliation with NASA still can not be used to promote any product or service.

AI and NFTs

Finally, NASA’s guidelines have sections discussing Non-Fungible Tokens (NFTs) and the use of NASA imagery in AI training.

In both cases, NASA doesn’t forbid the use of its material—realistically, it can’t. However, with NFTs, it notes that it is illegal to imply endorsement or falsely claim rights in NASA materials.

With AI, NASA says that its public information is available for AI training. However, they ask that such training not include their logo and that the company adequately disclose the use. This includes attribution, disclosing the lack of permission and the fact that NASA can not vouch for the accuracy of AI content.

The Other Wrinkle

The other wrinkle is that NASA is not the only space agency in the world that is capturing amazing images of the cosmos.

For example, the April 2017 image of a black hole was captured by the Event Horizon Telescope and created by the European Southern Observatory (ESO). The photo is not in the public domain. Instead, it’s licensed under the CC BY 4.0 license. Though it’s available for widespread usage, attribution is still required.

NASA images, on the other hand, don’t require attribution.

The same is true for the European Space Agency, which requires both attribution and that derivative works to be placed under a similar license. Neither of these things is necessary when using NASA content.

It’s also worth noting that not all content on NASA’s site is in the public domain. Content from third parties can not be used without permission from its creators. NASA marks such content clearly, but watching out for it is essential.

Bottom Line

In the end, copyright is just one right that can exist in a piece of media. Just because a work is in the public domain doesn’t mean trademark, publicity or privacy rights disappear too.

As such, it’s important to know and understand those rights when using NASA imagery. While you won’t get sued for copyright infringement for using a NASA photo, you can still find yourself in hot water if you misuse the work.

That said, it’s beautiful that NASA’s images are so (relatively) free to use. Their images inspire and educate the world and represent some of humanity’s most significant scientific achievements. Locking them behind copyright feels wrong.

However, it would be nice if all the space agencies would harmonize their copyright rules. Though all agencies appear to encourage the reuse of their media, it’s under different terms. So, while they agree with the principle of open licenses, how they execute it differs.

Harmonization could help moving forward, especially for those wanting to collect and publish such media.