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SBF Copyright and Legal Commission


Federal Court © Wikimedia,

Federal Court decision on the protection of photographs

Recently, a Federal Court decision went through the press that applied the new, so-called photographic image protection (URG Art. 2 para. 3bis) of 2020 for the first time. The good news is that the article served its purpose and affirmed a copyright infringement of the unsolicited drone photograph without having to ask the vexed question of individuality. 

Less pleasing for the plaintiff photographer was the assessment of the compensation, which was set ridiculously low at CHF 55. It must be said that the defendants unfortunately provided the better evidence in the presentation of evidence regarding compensation, because such pictures are actually offered on the Internet at these prices. 

The plaintiff, on the other hand, could not credibly demonstrate that the SAB's industry rates are generally applicable and that he can actually charge according to them as a rule. What a pity, because the result achieved and the potential broadcast are of course terrible!

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