Do I have the right to photograph an object of art?
Do I have the right to photograph an object of art?
"If we photograph a work of art exhibited in the public domain, what use can we make of it? The photo is our work, but the subject is someone else's work. What about copyright?
François, Anière
One of the aims of the Federal Copyright and Neighbouring Rights Act (LDA) is to protect the authors of artistic works. Protection of works ends 70 years after the death of the author. A work is defined as any literary or artistic creation of the mind, such as music, architecture, applied arts, photography, films, paintings and sculptures (art. 2 LDA).
The author has the exclusive right to decide if, when and how his or her work will be used. This right extends to the reproduction, adaptation and sale of the work. However, private use of a disclosed work is authorised under certain conditions. Such use must be for personal purposes or within a circle of closely related persons. Outside this circle, the reproduction of works available on the market is not authorised.
When photographing a work that has been exhibited to the public, you cannot do without the author's permission to use the images you have taken, even if they themselves constitute a "derivative" work of art, unless it is for your own strictly private use.
It should be noted that anyone who suffers or risks suffering an infringement of their copyright can ask the judge to prohibit it if it has not yet occurred or to stop it if it is still going on. In addition, if copyright is infringed, the injured party may bring a claim against the person who has modified or disclosed a work or used it to create a derivative work, as is your case. Such behaviour may also be punishable under criminal law by imprisonment or a fine.
