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File:Bernese arms, 14th century.jpg

From Wikipedia, the free encyclopedia


14th century siege shield with the oldest known coloured depiction of the Bernese arms.
Source Scanned from Peter Meyer (ed.), Berner - deine Geschichte, Büchler Verlag, Bern 1981, ISBN 3-7170-0185-X p. 72.
(Reusing this file)
The photograph is in the public domain under Swiss copyright law. The painting itself is of course in the public domain too, dating as it does from the 14th century.


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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Coat of Arms of Switzerland (Pantone).svg
Public domain

For background information, see the explanations on Non-U.S. copyrights.
Note: This tag should not be used for sound recordings.
Basis of this page is in Wikipedia. Text is available under the CC BY-SA 3.0 Unported License. Non-text media are available under their specified licenses. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc. WIKI 2 is an independent company and has no affiliation with Wikimedia Foundation.