Legal_Basis_Rules_for_Using_Picture

Legal Basis Rules for Using Picture 

1. Copyright Protection 

(Urheberrechtsschutz, protection du droit d'auteur) 

In principle, there is no legal difference between the use of a picture for a publication, 

an event, a presentation, for your website or on the social media tools. 

You need permission for any use of a protected work. 1 

Copyright protection is created without a work being protected, hence automatically 

when a work is published. This means, protection does not have to be applied for in 

Switzerland. Also a copyright must not be mentioned, but can be useful to prevent 

third parties from copyright infringements. 

There are in principle three different categories of copyrights: 

1. Protected pictures 

2. Free to use pictures 

3. Images usable under certain conditions 

1. Pictures protected by a copyright can only be used if you have the consent of the 

originator. This is also the case for pictures with no license specified. 

2. Pictures marked as “public domain” can be used for free. 

3. Pictures to be used under certain conditions are often marked with a license from 

“Creative Commons” or “GNU-License”. This means that those pictures may be used 

under the stated conditions. 

1.1 Image editing 

If you want to edit a picture and publish the edited version you will also have to ask 

the consent of the originator. 

1.2 What is a second hand work? 

There is the exception of a “second hand work”, when a changed image is copyrighted 

again, since it has an individual character. (Spiritual creations with individual character, 

created using existing works in such a way that the works used remain recognisable in 

their individual character, are works of second hand. Works of the second hand are 

independently protected; (Article 3 of the URG).) 

1 

Schweizer Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG) 

(SR 231.1)). Loi fédérale sur le droit d'auteur et des droits connexes (LDA, SR 231.1) 

©Exclusive property of Euresearch. Copying or republishing is strictly prohibited. 1

1.3 Who may use the work? 

Published works may be used for personal use in the personal sphere and in the circle 

of persons who are closely connected among themselves, such as relatives or friends; 

(Article 19 (1) (a) of the URG). No consent is required or royalties are payable. 

1.4 Civil Law Protection 

The central rule for the protection of personality is to be found in the Civil Code (Art 

28). One differentiates between different legal goods like the right in one's own word 

and picture. For our work, personal protection is also relevant for taking pictures at 

events with customers or when you are photographed at events. 

In the individual case, two conflicting interests are balanced: the protection of the 

personality of the individual and the information interest of the public. Public area is 

not equal to the public. Crucial is what is of public interest. 

It is clear that the events of Euresearch are not of public interest and therefore no 

photos may be made without the consent of the participants. Nevertheless, when 

registering, we point out that a photographer can be present to take photographs 

(pictures, video). 

If a participant does not want to be photographed, however, this must of course be 

respected and he/she has the right to refuse consent. 

An example of how to specify a picture source would be the following: 

Picture from heidi muster under CC by XY. 

The original picture should be linked under “picture”, the photographer under the 

name and the license under “CC by”. 

People often use images without checking copyright, especially for websites and social 

media. This means that you should not just copy any pictures used in this channels 

and reuse them for your purpose. 


2. 2. Images that can be used with and without 

conditions 

There are many online portals offering free pictures for download. 

Still always check the using conditions, since many pictures are only made available 

under certain conditions. 

2.1 Creative-Commons-Search Engine 

With https://search.creativecommons.org/ you may search on different websites at the 

same time, but you can also just look on each website for the requested license. Check 

the different possibilities of search: 

I want something that I can... 

use for commercial purposes; 

modify, adapt, or build upon. 

If the images do not have to be changed before the publication and no commercial 

intentions exist, no checks have to be set. 

2.2 Google Pictures Search 

Most pictures presented via Google search will be copyrighted. You would have to 

check on the specific webpages if the picture is free for use. 

Under “Images” and then “advanced search” you will find the search function “usage 

rights”. Here you can choose the license filter. Be aware that legally spoken, you are 

still responsible to check if the picture is free of a license or not. 


2.3 Flickr 

All Internet users can publish their pictures on Flickr and define the using license. Go 

to https://www.flickr.com/search/advanced to search for pictures. Here you can 

choose the license 

An example 


Attribution: what means appropriate credit? 


2.4 Wikimedia Commons 

Also on Wikimedia Commons https://commons.wikimedia.org many free pictures are 

available. The using conditions are as explained above related to the rules of creative 

commons. 

2.5 Further online picture databases with free pictures 

Name Note Link 

Shutterstock 

Morguefile 

Terms of use: 

https://morguefile.com/license 

www.shutterstock.com/photos 

https://morguefile.com/ 

Pexels Many pictures under CCO license https://www.pexels.com/ 

2.6 Euresearch Pictures 

Pictures made for Euresearch at Euresearch events or for our success stories are saved 

on F:\Common Docs\10 Communication\06 Photos\Euresearch Photos. You may use 

these pictures for your presentations or for social media accounts, if this information 

is clearly passed on by Euresearch. We can use the images as long as they are only 

used for editorial purposes (not for commercial purposes). All success story pictures 

must be indicated with the source: PPR/photographer name (name can be found when 

you click with right mouse key -> properties -> details). 

Modification Log 

Version Modifications Creator Date 

X01 New document D. Erpen 15.05.2017 

V01 Final document D. Erpen 29.06.2017 

CREATION DATE: 

AUTHOR: Denise Erpen 

FILE NAME: Legal basis rules of using pictures

Legal_Basis_Rules_for_Using_Picture

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