Photography & Image Rights
05 / Image Rights & Licences
Key question
Who is allowed to use which image and how?
Every image has rights: those of the person who took it, and often those of the people depicted in it. Anyone using, publishing, or selling images must be aware of these rights. This protects against costly formal warnings and demonstrates respect.
Learning objective: You can apply the key rules of Swiss copyright law and the right to one's own image, understand licences, and attribute images correctly.
Public does not mean free.
5.1 / Copyright
Who owns an image?
In Switzerland, copyright is automatically established with the image, without registration and without any symbol.
01
Works
Photographs of an individual character are protected for up to 70 years after the death of the creator.
02
Simple photos
Since 2020, photographs without an individual character have also been protected for a period of 50 years after being taken.
03
Right of use
Anyone wishing to use an image needs permission: a licence, a contract or a statutory exception.
Public on the web does not mean free to use. You cannot put an image from Google Search or Instagram on your own website without permission.
No use without permission.
5.2 / Licences and Proof
What can I do with the image?
A licence governs where, for how long, and for what purpose an image may be used. Stock photos have their own licensing terms, often with exceptions for advertising or sensitive topics. Creative Commons licences are standardised: BY requires attribution, NC excludes commercial use, ND prohibits modifications, and SA requires the same licence for adaptations.
Quoting an image without permission is permitted if it serves an explanatory or illustrative purpose, remains within reasonable limits, and the source is credited. Works permanently located in public spaces, such as buildings, may be depicted (freedom of panorama).
Ask first, post later.
5.3 / People and AI Images
Right to one's own image and new questions.
Identifiable individuals have a right to their own image. Using their likeness for advertising and websites requires their consent, ideally in writing, such as through a model release form. For children, the parents decide. Crowds at public events are usually an exception, as long as no single person is singled out.
Under current legal opinion in Switzerland, images generated entirely by an AI are generally not protected by copyright because there is no human creation involved. However, the service's terms of use still apply. Label AI images transparently, especially if they look real.
Always cite the source.
Exercise
An image rights check
Task: Check the image rights for the Sonnmatt farm shop website.
STEP 1
List all the images, noting who took them and where they came from.
STEP 2
Check the licence or permission for each image.
STEP 3
Obtain written consent for all images featuring recognisable people.
STEP 4
Provide correct image credits for every image.
Evaluation: Which images were missing something, and what did you do about it?