A Penny for a Snap


Your contacts

A potential reality coming to Switzerland may see every photo or snap protected by copyright; does this mean that there is now remuneration due for every picture on my website or social media site?

While the European Union’s (EU) new Copyright Directive is much discussed, the current revision of the Swiss copyright law lacks the same spotlight. However, there are many equally relevant questions in the context of the potential change in Swiss legislation. During the Swiss parliament’s winter session, the National Council was the first of the two Councils to discuss the revision of copyright law. Both in the media as well as in parliament the focus lay on the following issues:

  • the fight against illegal uploads;
  • restrictions on replay TV;
  • increase protection of journalistic works; and
  • an extension of protection for photographic works.

In particular, the increased protection for photographic works is likely to have unexpected consequences for Swiss companies and organisations. Until now, the threshold for copyright protection of photographs in Switzerland was high. A certain composition, a certain level originality, was required. The draft new copyright law lowers this threshold significantly.

Photos on websites or links on websites to photos from social media channels can be photos by professional photographers but also snaps taken by members or employees. In the context of the current revision of the Swiss copyright law, the question arises as to whether all these photographs will be protected and whether their use may, therefore, have to be remunerated.

This is particularly interesting in view of the fact that for some time now there have been companies such as Copytrack searching the Internet for the unauthorised use of photographic works and immediately issuing invoices for the use of such photographs. Until now, not every photographic work in Switzerland was automatically protected, which is why not every demand for payment was justified. The scope to object to such demands was relatively large.

However, the new Article 2 paragraph 3bis of the revised Federal Copyright Act stipulates that the reproduction of photographs and objects which have been produced in a process similar to that of photography are now considered works within the meaning of copyright law, even if they do not have an individual character. In December, this change in the copyright legislation did not meet with any opposition in Parliament.

The scope of such protection will one day have to be decided by a court. According to the wording of the draft, the concept of work extends to any recording, regardless of whether it was made by an amateur or a professional. Among other things, this would cover every snapshot which was taken with a mobile phone, every X-ray image or computer tomographic image. The only limitation resulting from the law is for photocopies and the like. This enormously broad definition can result in serious consequences for companies and organisations that link photos on their homepages without certain controls.

For now the consequences remain unclear. Nevertheless, it is likely that this will lead to further questions and additional administrative work for companies. Certainly, more caution will be required when using photographs. Even when the new provision comes into force, it is important to keep calm when receiving a claim for remuneration. In the event of an unjustified claim, the corresponding payment demand is also unjustified. Hence, remember to always examine the legal situation before you lose a penny for the snap.

We will keep you posted about the ongoing debate in parliament and the consequent changes in Swiss and EU copyright law which may become relevant to you and your company.


Share post



most read


Highlights

MLL Legal

MLL Legal is one of the leading law firms in Switzerland with offices in Zurich, Geneva, Zug, Lausanne, London and Madrid. We advise our clients in all areas of business law and stand out in particular for our first-class industry expertise in technical-innovative specialist areas, but also in regulated industries.

MLL Legal

Newsletter

Much is still unclear in relation to liability questions around AI tools.

Read our latest post about “Liability during the Lifecycle of an AI Tool” and download our white paper.

Show article.

Our Story

MLL Legal is a leading Swiss law firm with a history that dates back to 1885. The firm has grown both organically and by means of strategic mergers, the latest of which took place on 1st July 2021 between Meyerlustenberger Lachenal and FRORIEP.

The merger establishes MLL Legal, a combined new entity as one of the largest commercial law firms in Switzerland with 150 lawyers in four offices in Switzerland and two offices abroad, in London and Madrid serving clients seeking Swiss law advice.

Our firm has a strong international profile and brings together recognised leadership and expertise in all areas of law affecting commerce today, with a focus on high-tech, innovative and regulated sectors. 

About us

Publications

Click here for our latest publications

COVID-19

Read all our legal updates on the impact of COVID-19 for businesses.

COVID-19 Information

Job openings

Looking for a new challenge?

Our talented and ambitious teams are motivated by a common vision to succeed. We value open and straightforward communication accross all levels of the organisation in a supportive working environment.

Job openings

Firm News

Click here for our latest firm news.

Our Team

The regulatory and technological landscape continually require businesses to adapt and evolve.
Our 150+ lawyers are continuously innovating and striving for improvement in everything they do. We embrace new ideas and technologies, combining our wealth of expertise with creative thinking and diligence. With our hands-on approach, we implement viable solutions for the most complex legal challenges.

Our Team.

LexCast – the podcast series by MLL NexGen

Smart legal education on the go. The LexCast hosted by MLL NexGen provides legal insights in a short format that allows listeners to educate themselves on and about legal issues wherever they are and whenever they find the time.

Listen to our podcast series – stay tuned.

MLL Legal on Social Media

Follow us on LinkedIn.