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Old 29.02.2012, 14:40
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Copyright for photos of books on website

hello copyright experts out there

Since moving to CH I have started a business blog in substitution of my old German website. I run a book production studio working for international publishers.
On my blog I wish to post, among other things, book reviews. I am trying to find information regarding the copyright issues which might arise, but I am finding it difficult to receive reliable information:

- Is it legally permitted to post on a public website or blog photos of books and other printed material?

- since I am now based in switzerland, can I assume that swiss copyright regulations apply, even when posting material produced in another country (ie an book by a UK publisher)?.

thank you very much in advance, any advice would be greatly appreciated!
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Old 29.02.2012, 14:53
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Re: Copyright for photos of books on website

If you are posting book reviews (the content of which you own) and are using the cover as an illustration of the book you are reviewing, the usage is almost certainly permitted under fair use.

You are also allowed to cite passages of text in your review, within reason.

For information on Swiss copyright law, start here: http://en.wikipedia.org/wiki/Swiss_copyright_law
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Old 29.02.2012, 15:03
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Re: Copyright for photos of books on website

thank you for the reassuring info! sound perfectly reasonable

how far does this apply to a Swiss-based business? I see at the "fair use" link you posted that the EU has taken over US policy, has CH done the same?
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Old 29.02.2012, 15:05
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Re: Copyright for photos of books on website

Some "fair use" links you might want to have a look at:

http://en.wikipedia.org/wiki/Fair_use

http://boards.answers.findlaw.com/n/...l-small_busine

http://forums.digitalpoint.com/showthread.php?t=1845987

http://blog.librarylaw.com/libraryla...jackets--.html

http://fairuse.stanford.edu/Copyrigh...pter9/9-c.html

http://en.forums.wordpress.com/topic...-in-blog-posts

http://www.thebookdesigner.com/2010/...and-copyright/

http://vielmetti.typepad.com/superpa...r-use-boo.html
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Old 29.02.2012, 15:09
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Re: Copyright for photos of books on website

https://www.ige.ch/en/service/freque...copyright.html

Quote:
When is it necessary to obtain the rights holder’s permission?

As a rule, you always need to obtain permission from the author or rights holder to use a copyright protected work even when you do not intend to make any profit from the use (for example, a film club's showing of a work). However, there are exceptions to the rule in the copyright act: Published works may be used without permission in the private sphere (in French) and in a circle of persons who are closely connected, such as relatives or friends. This is also true, with some restrictions, when using works in classrooms or making copies for information and documentation within a company. This exception, however, does not apply for computer programs.
Using cartoons in a company newsletter, for example, is not permissible because the employees of a company or department belong neither to a group of closely related persons nor are the illustrations being used for information or documentation.
Even when only a small part of a work is used or the work is modified, you need to get permission. Notions such as ‘a portion of a musical piece can be used when it is shorter than 10 seconds or does not include more than 10 notes’ are wrong. It is also not enough to simply change the colors or the size of a work. It is however acceptable to use the original as an inspiration if any borrowings in terms of the individuality of the new work fade, for example, as in the case of Modest Mussorgsky's piano suite "Pictures at an Exhibition" (in German), which sets ten pictures by his deceased friend Victor Hartmann to music.
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Old 29.02.2012, 15:15
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Re: Copyright for photos of books on website

thank you guys for the quick and competent help!!!

especially falconer's post seem to point in the direction that in CH the "fair use" policy isn't really accepted.

this would make things really difficult for me
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Old 29.02.2012, 15:44
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Re: Copyright for photos of books on website

Art. 25 URG allows the citation of a copyrighted work.

Art. 19 URG forbids the reproduction of visual arts.

No highest court ruling exists in this regard. An abstract of a journal article says it could be allowed. So, there is the small risk that you are the first one that will find out if it is allowed or not.

URG : SR 231.1 Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz)
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Old 29.02.2012, 15:48
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Re: Copyright for photos of books on website

thank you for this detailed information. very useful even if not very encouraging.

now the last question is:
say a UK publisher find a photo of a cover of one their books on my blog and for some reason are angry about it, do they complain to the swiss authorities or UK/EU?



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Art. 25 URG allows the citation of a copyrighted work.

Art. 19 URG forbids the reproduction of visual arts.

No highest court ruling exists in this regard. An abstract of a journal article says it could be allowed. So, there is the small risk that you are the first one that will find out if it is allowed or not.

URG : SR 231.1 Bundesgesetz über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz)
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