Why protect photographs without individual character?

In the past, photographs without individual character were not protected by copyright. They could be used without the photographer’s consent. This was a concern for Swiss photographers as some of their works, such as product photos, do not have individual character. They therefore petitioned for photographs without individual character to be protected, as is the case in Germany and Austria under what is known as ‘Lichtbildschutz’. This petition was taken into account under the extended protection for photographs which is laid down in Art. 2 para. 3bisof the Copyright Act.

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