Switzerland’s legal approach to images and editorial licensing blends long-established principles of copyright protection with specific rights related to a person’s image and evolving rules about how photos may be used in editorial content. Whether you are a journalist, media publisher, blogger or content creator, knowing these rules helps ensure that you respect both the legal rights of photographers and the privacy rights of individuals.
At the heart of Switzerland’s framework for image use are copyright law and personality rights. Under the Swiss Copyright Act (Urheberrechtsgesetz or CopA), photographs are protected works from the moment they are created, regardless of whether they have distinctive artistic qualities. This protection extends to everyday snapshots and professional photojournalism alike, and typically lasts for the lifetime of the photographer plus seventy years for individual-character images, and fifty years for simpler images without individual character.
In addition to copyright, people in Switzerland have a right to their own image (the “right to one’s own image”), which is part of personality rights under the Swiss Civil Code and data protection laws. This means that individuals generally control how and when their likeness is published, especially in contexts beyond simple documentation.
Both sets of rules have important implications for editorial licensing, and they intersect in ways that require care when sourcing and using photos in editorial content.
Copyright Basics and Licensing Requirements
Swiss law protects all photographs taken by human beings, regardless of whether they were taken professionally or casually. This includes photographs without obvious creativity, which as of the 2020 copyright reform remain protected so long as usage is outside of an exceptional technical sharing context (for example direct embedding via link).
This means that if you did not take a photo yourself or do not hold explicit rights to it through contract or license, you must obtain permission from the copyright holder before using it in editorial content. Failure to do so can expose you to legal action, including claims for copyright infringement. In practice, such permission often comes in the form of a license agreement defining how and where the image may be used. These agreements set out terms such as permitted media, duration of use, territory, and whether modifications are allowed.
Licenses may be exclusive or non-exclusive, depending on needs. Non-exclusive licenses allow multiple parties to use the same image, while exclusive ones restrict usage to a single licensee. Both types typically contain attribution requirements as well as limitations on commercial exploitation.
Editorial Use versus Commercial Use
A central distinction in licensing is between editorial use and commercial use. Editorial use refers to using images strictly in the context of news reporting, commentary, or other informational content. Commercial use tends to involve promotion, advertising, marketing or selling products or services. Many stock agencies and photo repositories will specifically offer editorial-only licenses for certain content. These licenses typically permit use of the images in news articles or blog posts without prior model or property releases, but restrict their usage in commercial contexts such as advertisements or product packaging.
In Switzerland, even when editorial usage is permitted, the underlying copyright of the image remains with the photographer or rights holder, and the licensing agreement will specify both permitted use and attribution requirements. For example, some media outlets require clear credit lines and notice to the photo owner when the image is published.
Personality Rights and the Right to One’s Own Image
Copyright is only part of the picture when it comes to editorial photography in Switzerland. The right to one’s own image plays a crucial role, especially when people are recognizable in the photographs you plan to publish. Under Swiss civil law, individuals generally must consent to having their image published, especially in contexts that go beyond documentation of newsworthy events or public life.
There is an important exception for editorial reporting at public events or in the context of current news: when a photograph depicts an event of public interest or shows a person incidentally as part of a larger scene, consent may not be required. However, if an individual is prominently featured or identifiable as the focus of the image, obtaining consent might be necessary before publication.
The rules for image rights also extend to event photography, especially if the event is private or ticketed. Professional photographers at such events often receive accreditation which may include specific contracts about usage rights and rights transfers.
Finding Editorial Photos and Licensing Platforms
When sourcing editorial images for publication, it is essential to use reliable platforms that provide clear licensing terms. These platforms offer collections of photos that you can license specifically for editorial use.
Getty Images
Getty Images is one of the largest stock agencies offering a wide variety of editorial photos. The platform provides both royalty-free and rights-managed licensing options. Editorial licenses from Getty Images typically permit use in news articles and editorial content but require that the image is not used for commercial promotion and that usage restrictions outlined in the specific license are respected.
Vecteezy
Vecteezy is a resource for free and paid images, with a section that focuses on editorial sports photos and the latest images in news and entertainment. While many of its images are available under licenses that allow broad use, you should specifically check the terms for editorial use and whether attribution or restrictions apply. Even when content is free, respecting the licensing terms is essential, since improper use can still lead to copyright or rights-of-publicity issues.
Unsplash
Unsplash is known for its large library of high-resolution photos that are free to use under the Unsplash license. This license generally allows images to be used for editorial purposes without payment, but users must still ensure compliance with the terms of the Unsplash license and respect any requirements around attribution when applicable. Additionally, Unsplash’s standard license is not a substitute for obtaining releases when recognizable people are featured and such releases are needed for commercial uses.
When sourcing photos from any platform, always confirm the specific licensing terms and whether they permit editorial use in Switzerland. Licenses that are valid in one jurisdiction may have conditions that are interpreted differently elsewhere, so understanding the rights you acquire and how they apply locally is important.
Freedom of Panorama and Public Works
A related but separate consideration is what pictures you can take of public places and works. Switzerland’s freedom of panorama allows people to take photographs of works permanently placed in public spaces and to use them freely, provided the image is not intended to replace the artistic work itself. This can be relevant, for example, for images of public sculptures or architectural works in editorial content.
Best Practices for Editorial Licensing in Switzerland
- Always verify copyright and licensing terms before using an image. Never assume that an image you find online is free to use simply because it is publicly accessible.
- Obtain written agreements for any professional photography you commission or purchase. This protects you and defines usage rights unambiguously.
- Respect personality rights by confirming when consent from individuals featured in images is necessary, especially where individuals are prominently shown.
- Use reputable stock and editorial photo platforms and choose appropriate licenses for editorial content. Carefully track and document the licenses you hold for each photo.
- Attribute properly according to the license or copyright holder’s requirements to maintain legal compliance and respect creators’ rights.
By understanding Switzerland’s editorial licensing rules and following these best practices, your editorial content can effectively leverage powerful images while respecting copyright law, personality rights, and ethical publishing standards.
