by Andrea Schittino | Sep 29, 2022 | FAQ
Whether you can use someone else’s YouTube video depends on the licensing terms set by the copyright holder, usually outlined in YouTube Terms of Service. In general, you can reproduce, distribute, modify, and display videos using the provided options. However,...
by Andrea Schittino | Sep 29, 2022 | FAQ
Take the warning seriously. However, do not sign any declarations to cease without further explanation, or pay any contractual penalty or agree to a settlement. Check firstly whether the accusation of an infringement of copyright is even legitimate. In each case, it...
by Andrea Schittino | Sep 29, 2022 | Good to know
It is impossible to imagine the Internet without hyperlinks. However, from a copyright perspective, you link to third-party content and this quickly raises the question of whether you can infringe the copyrights of another person as a result, in particular whether you...
by Andrea Schittino | Sep 29, 2022 | To consider
When you are designing websites, it is really tempting just to take what you want in terms of image, sound material, etc. from the Internet. You should be careful as the Internet is not a legal vacuum. Just because photographs and music can be simply and easily found...
by Andrea Schittino | Sep 23, 2022 | FAQ
If a portrait photograph is an intellectual creation i.e. was taken by a person (and not in an automatic photo booth) and has an individual character, i.e. the photographer has not simply snapped the person in the portrait in any particular way but rather with...
by Andrea Schittino | Sep 23, 2022 | FAQ
It depends on how “important” the person is to the public: Yes, if the person in question is a “normal”, non-public person (e.g. a student, employee, etc.). In this case, it is illegal to take pictures of the person without their consent. The...
by Andrea Schittino | Sep 23, 2022 | FAQ
No, unless the students give their consent to this.
by Andrea Schittino | Sep 23, 2022 | FAQ
Only under certain conditions. Pursuant to the law, every publication of photographs of people is unlawful (Art. 28 SCC, Art. 13 FADP), except when one of the following three exceptions exists: the photographed person has given their consent to the image;there is a...
by Andrea Schittino | Sep 23, 2022 | Good to know
The Federal Supreme Court had to judge the copyright character of portrait photographs in two cases. One had to do with a popular snapshot of Bob Marley with windswept dreadlocks that was taken by a Swiss photographer at an open-air concert (BGE 130 III 168). The...
by Andrea Schittino | Sep 23, 2022 | To consider
Besides the copyright protection which protects the rights of the photographer or the photographs, photographs of people are subject to the right to one’s own image as a partial aspect of the protection of legal personality Art. 28 Swiss Civil Code...
