File:Huber, Karl Hackbrett (1703).jpg

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Original file(939 × 1,241 pixels, file size: 205 KB, MIME type: image/jpeg)

Summary[edit]

Artist
Object type painting
Description
Deutsch: Bildnis Karl Hackbrett.
Date 1703
Medium oil on canvas
medium QS:P186,Q296955;P186,Q4259259,P518,Q861259
Dimensions Height: 136 cm (53.5 in); Width: 105.5 cm (41.5 in)
dimensions QS:P2048,136U174728;P2049,105.5U174728
Accession number
14917, Geschenk Eduard von Rodt
Inscriptions Name verso: KARL HACKBRETT. NAT. 1674. HERR ZU KEHRSATZ. PERROIX GENERAL. LEUT. in SARD. DIENST †1737
Date top left: JRH / [Wappen] / AEtatis 29 Ao 1703
Source/Photographer BHM Kat. 120.
Other versions

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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