With our archive we want to provide good photos within the VSETH. Before using photos from the archive, please read the text about the rights below. These are relevant if you don't want to make yourself punishable.
Typically, there are three “rights” involved when it comes to photography:
- rights of use
- personality rights
It is important not to mix these up (which unfortunately happens often). They have little to do with each other. If this overview is not enough for you, you will find further information here: https://ccdigitallaw.ch/index.php/german/copyright/3/34/343
The copyright belongs to the person who created the content, in our case the photographer. Various rights are derived from this, so the rights holder can determine what happens to his photos, under what conditions, etc. The name of the photographer can be found in the metadata of the photos.
rights of use
All photos found in the archive are made available under CC-BY SA. This means that the photographer allows the photos to be redistributed, edited, and this even commercially. The only condition is that the name of the photographer is given and that the distribution is only under the same license as the original. Further information: https://creativecommons.org/licenses/by-sa/3.0/ch/
Specifically: The photographer gives you permission to print flyers, publish on a homepage, etc., but you have to mention the name of the photographer somewhere. If this is not possible in individual cases: contact the photographer, you will surely find a solution.
Just because the photographer grants you the rights of use, does not mean that you can do whatever you want with the photo. There are, in addition and independently of this, the personal rights of the people depicted. Theoretically, these must agree to every use. ATTENTION: The personal rights are relevant when using / publishing, but not when taking pictures. However, we have not had anyone signed in the archive sign a model contract - that would also be practically impossible to implement. You can still publish the photos if you can assume that the people pictured would agree to this publication.
Specifically: use common sense when posting photos. People at a party, smiling at the camera, are likely to agree to use them in the gallery about the party on your website. But if your sponsor got the pictures and then did a national advertising campaign with them: unlikely that you would have gotten the approval.
For flyers and posters: If the people are barely recognizable and perish in the crowd (or are not a relevant part of the image as an individual), then that's usually not a problem. Otherwise, I would recommend locating the person and getting written consent for the specific use.
Large events have included these usage rights in their terms and conditions (typically printed on the billet, or clearly visible on the poster or in the entrance area). It can be used to try to protect yourself from lawsuits, and it is difficult to say whether these really do exist before the judge. Often there are comparisons, i.e. the event pays the person complaining a few hundred francs.