Extended protection of photographs
In spring 2020, the revision of the Swiss Copyright Act (CopA, SR 231.1) of 27 September 2019 will come into force. This revision will introduce the protection of photographs in Switzerland. Up to now, only very few photographs have been protected by the Swiss Copyright Act, as they had to have an individual character in order to be protected. This will change with the new rule in Art. 2 para. 3bis CopA coming into force in spring 2020. From then on, all photographs and reproductions produced by similar methods of three-dimensional objects will be subject to copyright protection. An individual character is no longer required. Reproductions produced with similar procedures as photographs are, for example, individual images from films. However, the photographs have to show physically existing three-dimensional objects; photographs of texts, plans, graphic representations and other two-dimensional objects are not protected under the new law. The protection of photographs or reproductions produced by a similar method expires 50 years after the date of production. Thus, for the use of any photographs of three-dimensional objects, the photographer's consent must be obtained as of the entry into force of the revision to the Swiss Copyright Act (CopA).
The new law also covers all photographs taken before the entry into force of this revision of the Swiss Copyright law, provided that they are not more than 50 years old at that time and the period of protection has not already expired. However, the application of the new law is limited to uses that occur after its entry into force. This prevents retroactive effect of the protection. Photographic protection is therefore not applicable to a completed use permitted under the old law, even if this would be a violation according to the new law. In other words, this means that consent does not have to be obtained retroactively for uses that begun before the new law came into force. Books, magazines or newspapers already produced at the time of entry into force which use photographs not protected under the old law without the photographer's consent therefore may still be sold despite the new legal protection. Internet pages with photographs that were not protected under the old law and that were already published there before the entry into force of the revision of the Copyright Act may also remain in use. However, the photographer's consent is required for new uses after the entry into force of Art. 2 para. 3bis CopA.
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