If you copy an image as it's broadcast off a satellite then, no copyright exists (?) in the image, you can then publish it first and sue the satellite owner if

If you copy an image as it's broadcast off a satellite then, no copyright exists (?) in the image, you can then publish it first and sue the satellite owner if they publish the same image? I'll have to review Berne as that seems inconsistent with copyright existing from the point of creation of a work (I know that there are late-publishing rights too). If you publish an image I took, but I did not publish, what would be the jurisdiction -- of your assertion is correct this would seem to be indeterminate.