The raw material you wish to use in your own creation or publication may be protected, and your own action could constitute ‘use’ – without permission or royalties. Added to this are practical difficulties when trying to identify the rights you wish to respect.
Our 6 tips make it easier for creative professionals, producers and content creators of all kinds to work in compliance with copyright law.
Tip 1: Produce your own content
Design and produce your own content. This includes photos and music. Take your photographs in a private space, without depicting or using other people’s works. Draw inspiration from other people’s ideas and stylistic devices, as this does not in itself constitute a copyright infringement. However, do not copy other people’s creations, either in whole or in part, if you intend to present your work publicly. If you do everything yourself, you are on the safe side when it comes to copyright.
Tip 2: Commissions
Issue written commissions in person, in which you expressly obtain the rights. Have the rights transferred to you, so that they belong to you or your institution. Keep records as evidence. If this is not possible or too expensive, obtain a written licence from the commissioning party that covers all uses: for the required duration, the intended purpose and the countries in which the work or objects will be used or distributed. Commissions involving the transfer of rights or explicit licensing provide good protection.
Tip 3: Royalty-free material
You may use creative elements for your content that are available in royalty-free databases or contained in software which you are legally permitted to use without restrictions. Social media platforms and video portals provide files and offer guidance on the correct procedure. Ensure that the source of such material is reliable, that a legal guarantee is provided, and that you are familiar with the terms of use – or with the Creative Commons rules.
Tip 4: Public domain
Use works that are no longer protected because the term of protection has expired. This is the case if the author died more than 70 years ago or if the work was produced or performed more than 50 years ago. Photographs lacking individual character are protected for up to 50 years from the date of creation. Bear in mind that a piece of music, a video, a book or a newspaper article may involve several rights holders.
Tip 5: Statutory exceptions
The Copyright Act (URG) imposes restrictions on intellectual property where there are practical reasons for doing so (anonymous mass use) or where the freedoms of users should be respected. Such exceptions apply to the display of works in public spaces, to quotations in the context of discussing a work, to journalistic reporting, and to certain directories and catalogues maintained by memory institutions. Please consult the Copyright Act (URG) under the section ‘Limitations’. However, a limitation on all these freedoms is that the actual publication and distribution of third-party works is not permitted by law, as such actions interfere too significantly with the rights holders’ exploitation interests.
Tip 6: Collective management organisations
In Switzerland, there are five non-profit organisations that pool rights: SUISA for music, ProLitteris for text and images, Suissimage for film, SSA for the performing arts, and SWISSPERFORM for the neighbouring rights of performers, producers and broadcasters. Licences are available from these organisations, for example when a large number of works are used in a harmless manner, or when the rights holders cannot be traced. Enquire with ProLitteris about extended collective licences and the use of orphan works.
Apart from these six tips, it is advisable to clarify the rights to any material used as a precaution.