The Internet is not a legal vacuum – warnings

by iv4n.p4v1c | 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...

2.2.7-4 Are portrait photographs copyright protected?

by iv4n.p4v1c | 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...

2.2.7-3 Can a participant in a public university event refuse to have their picture taken? Can this person request that photos taken of them are removed?

by iv4n.p4v1c | 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...

2.2.7-2 May the university put photographs in which its students are recognisable on their homepage?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

No, unless the students give their consent to this.

2.2.7-1 Can a research project invoke public interest when publishing photographs of famous people and publish the photographs without the consent of the people depicted?

by iv4n.p4v1c | 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...

Snapshots and the Federal Supreme Court

by iv4n.p4v1c | 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...

Right of personality and data protection in the event of photos

by iv4n.p4v1c | 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...

Joint authorship and derivative works often exist in the case of audiovisual and multimedia works

by iv4n.p4v1c | Sep 23, 2022 | To consider

Often, several people are involved in the creation of audiovisual and multimedia works (director, screen writer, cameraman, film editor, sound engineer, producer, etc.). Unless otherwise contractually agreed between the participants, joint authorship usually exists...

2.2.4-3 When buildings enjoy copyright protection, may all plans and models upon which the planning of the building is based claim copyright protection?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

Yes (cf. also Müller/Örtli-Cherpillod, URG, 2nd edition, 2012, Art. 2 N. 55).

2.2.4-2 A research project develops a database with scientifically evaluated geographical data; it can be operated interactively by simulating different conditions and graphically displaying the results. Do aspects of copyright law have to be considered?

by iv4n.p4v1c | Sep 23, 2022 | FAQ

Here it is important to make a distinction – the individual pieces of geographical data are not protected, even if they fall under the work category “works with scientific content” (Art. 2 para. 2 (d) CopA) at first glance. During the compilation of the geographical...