The two- or three-dimensional work of art depicted in this image is in the public domain in Switzerland (CopA art. 29), because its copyright protection period has expired. This also applies to the European Union and all other states with countries with copyright terms of life of the artist plus 70 years.
The creation of photographic reproduction of this (tridimensionnal) object, however, generates a new copyright and an additional statement should be provided to indicate the copyright status of the image.
This photograph of a three-dimensional object is in the public domain in Switzerland (Art. 29 par. 2bis of the CopA), because the photographic depiction was created at least 50 years ago and the reproduction has no individual character.
The template should only be used if no other license is possible.
A photograph without an individual character uses the creative freedom neither in terms of photo technology nor in conceptual terms, but does not stand out from the generally accepted. This license cannot be used for photographs that express an expression of thought with an individual character. This is possible, for example, by selecting the image section and the time of shutter release, by setting the focus and exposure, and by processing the negative. The distinction between photographs with and without an individual character is not always clear.
The data made publicly available by swisstopo may be used, distributed and made accessible. Furthermore, they may be enriched and processed and also used commercially.
A reference to the source is mandatory. In the case of digital or analogue representations and publications, as well as in the case of dissemination, one of the following source references must be attached in any case:
The Liechtenstein copyright was taken over by Switzerland. 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).
The Liechtenstein Copyright Act, in article 29, says that works may be depicted when they are permanently located at or on public ground. The depiction may be offered, sold, sent or otherwise distributed. The depiction must not be three-dimensional and not be usable for the same purpose as the original.
The author of this image from Liechtenstein is unknown, and the image was published at least 70 years ago. It is therefore in the public domain in Liechtenstein by virtue of Art. 34 of the Liechtenstein Copyright Act..
Note that this applies only if a reliable source is cited to indicate that the author is not publicly known; just not knowing who the author is is not enough to qualify the image as public domain. This image may not be in the public domain in countries other than Liechtenstein.
Note: The usage of coats of arms is governed by legal restrictions, independent of the copyright status of the depiction shown here. This also applies to the use of components and varieties of coats of arms.
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