The raw material that you want to use in your own creation or publication could be protected, and your own action could be a «use» – without permission and royalty. In addition, there are practical difficulties when you want to identify the rights that you intend to respect.
Our 6 tips make it easier for creative professionals and producers and content creators of all kinds to work in compliance with copyright.
Tip 1: Own production
Design and produce your content yourself. This includes photos and music. Make the recordings in a private space, without depicting or using third-party works. Let yourself be inspired by third-party ideas and stylistic devices, because this does not yet constitute a copyright infringement. But do not adopt third-party creations, either in whole or in part, if you want to present your work publicly. Anyone who does everything themselves is on the safe side in terms of copyright.
Tip 2: Commissions
Personally issue written commissions in which you explicitly obtain the rights. Have the rights transferred to you; then they belong to you or your institution. Keep records as evidence. If that is not possible or is too expensive, obtain a written license from the commissioned parties that covers all uses: for the required duration, the intended purpose, and the countries in which the use or objects are distributed. Commissions with transfer of rights or explicit licensing provide good security.
Tip 3: Royalty-free material
You may use creative elements for your content that are offered in royalty-free databases or that are contained in software that you may use legally and without restrictions. Social media and video platforms provide files and inform you about the correct procedure. Make sure that the source of such material is reliable, that a legal warranty is included, and that you are familiar with the terms of use – or with the rules of Creative Commons.
Tip 4: Public domain
Use works that are no longer protected because the term of protection has expired. This is the case if the author died more than 70 years ago or the production/interpretation was made more than 50 years ago. Photos without individuality are protected for 50 years from creation. Note that several rights holders may be involved in a piece of music or a video, a book, or a newspaper article.
Tip 5: Statutory limitations on use
The Copyright Act (URG) restricts intellectual property if there are practical reasons for doing so (anonymous mass use) or if the freedoms of users should be respected. Such exceptions apply to the depiction of works in public spaces, to quotations in the engagement with a work, to journalistic reporting, and to certain directories and catalogues of memory institutions. Consult the Copyright Act (URG) in the section «Limitations». However, a limit to all these freedoms is that actual publication and distribution of third-party works is not permitted by law, because such actions interfere too strongly with the exploitation interests of the rights holders.
Tip 6: Collective management organizations
In Switzerland there are five non-profit organizations that pool rights: SUISA for music, ProLitteris for text and images, Suissimage for film, SSA for stage, and SWISSPERFORM for the related rights of performers, producers, and broadcasting organizations. Licenses are available from these cooperatives, for example when many works are used in a harmless way, or when the rights holders cannot be located. Ask ProLitteris about extended collective licenses and about uses of orphan works.
Outside of these six tips, you should, as a precaution, clarify the rights to the material used.