File:BHM Inv. Nr. 46603.jpg

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Original file(1,422 × 1,106 pixels, file size: 1.24 MB, MIME type: image/jpeg)

Summary[edit]

Artist
creator QS:P170,Q1419165
Title
Deutsch: Ludwig von Büren (1735-1806) und seine Familie.
Object type painting
Date 1796
date QS:P571,+1796-00-00T00:00:00Z/9
Medium oil on canvas
medium QS:P186,Q296955;P186,Q4259259,P518,Q861259
Dimensions Height: 81 cm (31.8 in); Width: 102 cm (40.1 in)
dimensions QS:P2048,81U174728;P2049,102U174728
institution QS:P195,Q670058
Accession number
46603 Legat Eugen von Büren
Source/Photographer Zeichen der Freiheit, Bern 1991, S. 486.

Licensing[edit]

Public domain

This photograph was first published in Switzerland. It does not have the individual character required for copyright protection under Art. 2 par. 1 of the Swiss Copyright Act. See Wikipedia for details.

According to applicable case law, the individual expression of thought required for protection is present if the photograph is given an individual character e.g. by the choice of framing, the use of camera settings or the editing of the image. Conversely, it is not present, irrespective of the object and the setting, if the image is a mere "point-and-click" image with no individual characteristics. See Blau Guggenheim v. British Broadcasting Corporation BBC, BGE 130 (2004) III S. 714-720.

According to the Public Domain FAQ published by the Swiss Federal Institute of Intellectual Property on its website, "the individuality required for copyright protection is commonly lacking for reproductions [of public domain works] which are as true as possible to the original. In contrast, an artistic photograph of a public domain work can be protected by copyright as a so-called 'derivative work'. [...] Whether a work is two or three-dimensional is irrelevant." (Version of 15 March 2015).


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