Historical significance of photograph does not give it protection

Journalist Gisela Blau accused the BBC of copyright infringement when it broadcast a documentary that included a photograph she had taken of a security guard Christoph Meili. Meili became a figure of public interest in the late 1990s when he blew the whistle on the destruction of old bank protocols at a time when the actions of Swiss banks during World War II were drawing international attention, reports the International Law Office. The court ruled that a photograph showing a person from contemporary history did not enjoy copyright protection. The Supreme Court analysed the picture itself, and not its public or historic significance. That the right picture was taken at the right time is not sufficient for copyright protection. Even a press photograph showing a unique event may thus remain unprotected. Under Swiss copyright law, the benchmark is and remains the criterion of individuality. Since the photographer did not use any particular methods in arranging the photograph, it did not stand out from the average photograph. It therefore lacked the individual character required under Article 2 of the Copyright Act. Full report in International Law Office