A SW workshop informed advertisers about the pitfalls in dealing with copyrightsBy Piero Schäfer Many advertisers who regularly deal with copyrights in music, text and images often know too little about the pitfalls of copyright. At a SW workshop, specialists from Suisa and Pro Litteris showed participants from the advertising industry where the legal traps lurk.
Over 60 participants from the advertising industry took part in the traditional SW workshop, which this year was devoted to the thorny issue of copyright. Obviously, many advertisers tend to disregard copyright law, if not intentionally, then certainly negligently. Especially when a protected work is not placed in the front of the picture, but rather in the background, as if by chance. And it is absolutely irrelevant which artistic value one subjectively attaches to an object: Copyright law is completely value-free. And it even applies to sketches: the work does not have to be completed to be subject to protection.
Who is the rights holder, who is liable?
The decisive factor is the fact that the rights are clarified with the actual rights holder. If one secures the copyright of a photographer, this does not mean that one has thereby also acquired the right to reproduce a protected work recognizable on this picture. It should also be noted that even owners of a work of art (private individuals or even gallery owners) are not legitimized to assign copyrights.
The requirements for buildings are somewhat less strict: Buildings standing on public land that can also be seen from there may be used as background decoration.
An important question concerns liability: Who is responsible in the event of copyright infringement? Is it the photographer, the agency or the client? The answer is that whoever uses the work is liable. So in most cases it is the advertising client.
There are rights that cannot be bought
Sometimes it is not easy to clarify all rights, which is why Werner Stauffacher, head of the legal department at Pro Litteris, recommended that advertisers and clients seek advice from a collecting society. There, he said, they have enough experience to help even in tricky cases. However, the speaker qualified that there are authors for whom one can save oneself the work: In the case of Giacometti or Matisse, it is a wasted effort, since the rights are simply not available or are too expensive for most clients. Anyone who is guilty of copyright infringement will be asked to pay a hefty sum: The cost of use, subject to certain tariffs, will be increased by 100 percent. "It cannot be that those who are too convenient to clarify the rights for use should pay the same as those who undergo this duty," Stauffacher said.
Copyright is a complex matter, for which it is worthwhile to consult specialists from the licensed collecting societies. There you will also receive useful tips, such as the one that all copyright problems are solved as soon as 70 years have passed since the death of the creator of the work. And of course, all collecting societies keep a record of when this happens.
Copyright Clearance Documents on the SW workshop are available for 25 francs from the office of Swiss Advertising SW, Kappelergasse 14, 8001 Zurich, 01 211 40 11, fax 01 211 80 18,
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