Dear members
Some news from the recent past, some announcements for the upcoming weeks, and a statement regarding the revision of copyright, in particular the issue of photo protection (Lichtbildschutz). This statement will be posted in its original german version on the website of Spectrum – Photography in Switzerland.
Spectrum-Weekend in Soglio, at Raymond Meier's, September 14 to 16
Around 40 "mediators" in the field of photography - curators, directors, archivists, conservators, gallery owners, publishers, restorers, festival directors - met in early autumn at Raymond Meier's house in Soglio for the first Spectrum weekend. It was a complete success: the weather, the enchanting location, the wonderful rooms of Raymond Meier, the great organization done by Tosca Giovanoli and Barbara Spalinger. 48 hours together on the "green field" to talk about photography. The topic was "Data & Matter". We learned from Regula Müdespacher how a platinum palladium print is made, from Raymond Meier how Egglestone's dye-transfer prints turn into digitally mastered pigment prints. The artist Ilit Azoulay spoke hauntingly about her complex work, in which matter is transformed into information-rich data. Florian Freier presented his works and his procedures for dealing with the data worlds, thus showing us the web of total documentation and its consequences. Finally, the German professor and expert on photographic theory Bernd Stiegler gave a public lecture with verve on the basis of looking back to Bladerunner 1 and Bladerunner 2, looking back on the first thirty years of digitalization. He concluded with this statement: "We are not at the end or even beyond the end of the photographic age, but rather at the beginning of an understanding of photography that understands it and with it reality as a space of transformation."
The weekend was also a great success because forty people got involved with each other for two days, far away from the centres, kind of far away from digital communication. It seems to have been a lot of fun.
The second Spectrum-Weekend will take place at the beginning of September 2019, in the French part of Switzerland, in the Jura. Take a note of that.
©Lars Willumeit
©Lars Willumeit
©Lars Willumeit
©Lars Willumeit
©Lars Willumeit
©Lars Willumeit
Statement by Spectrum – Photography in Switzerland on the revision of the Copyright Act
The extended board of Spectrum - Photography in Switzerland has dealt with the Federal Council's draft amendment to the Copyright Act (Urheberrecht) and its effects on the protection of photography (Lichtbildschutz).
For the following reasons, it rejects the amendment proposed under the title "Protection of Photographs" (Lichtbildschutz):
1) The protection of photographs would extend the concept of work in the field of photography so comprehensively that it would no longer be compatible with the basic idea of copyright. The distinction between photographs worthy of protection and photographs not worthy of protection would practically be abolished, since - with one exception, see point 3 - practically all photographic products would be protected as "works".
(2) It is not clear that photography, in comparison with other categories of works in the URG, should occupy an absolute special position and that the photographic work is treated quite differently from all other works. Thus the creator of a non-individual photograph would be preferred to the creators of works in all other categories in an incomprehensible way.
(3) The only distinction accepted in the draft refers to a formal criterion that has no relevance for the work character of a photograph, namely the distinction between photographs of two-dimensional and those of three-dimensional objects. The proposed protection of photographs would therefore not protect photographs of two-dimensional objects, while photographs of three-dimensional objects would be protected. This distinction leads to a serious legal uncertainty: a photograph of a painting taken frontally would not be protected, while a photograph of the same object taken from a lateral angle would be protected - a perfect absurdity, especially since the transitions between two- and three-dimensionality are fluid.
(4) With the proposed variant of photo protection, Switzerland would isolate itself in an international context (both from countries that know photo protection and from others). The extremely low protective barriers set in this country would have no effect on cross-border traffic – an anachronism in the digital age and in view of the omnipresence of social media. There is also the danger of massive uncertainty among all users and exploiters of photographs, which cannot be in the interests of photographers either.
(5) The criticism of the current URG is primarily based on the well-known BGE (federal jugdement) in the "Meili" case. The fact that the assessed photograph was not protected may, however, be due to the fact that the effort made or the performance of the photographer was cited for its worthiness of protection. This argumentation is irrelevant under copyright law. Spectrum advocates that copyright law should also protect works in the field of photography which can be identified as intellectual creations of an individual character, irrespective of their value or the effort invested in them. The distinction from photographic products of a non-individual character must be maintained.
WHAT’S NEXT 2019 – November 30, 2018
20 Institutions & Individuals in Switzerland (Museums, Galleries, Collections, Archives, Publishers, Writers, Teachers, Festival Directors) present their most important Photo Projects in 2019. Followed by drinks, food and extended small talks.
The successful formula will this year take place in Bern:
at the Hochschule der Künste Bern, Bümpliz Nord, Fellerstrasse 11, 3027 Bern, in the large auditorium (on the ground floor).
Friday, November 30, 2018, Starting 13.30, finishing 19.00
Entry is free. Registration however is obligatory, till November 26 at: spectrum@photography-in-switzerland.ch
General Assembly of Spectrum
The General Assembly of Spectrum – Photography in Switzerland will take place at Hochschule der Künste Bern, Bümpliz Nord, Fellerstrasse 11, 3027 Bern, in the large auditorium (on the ground floor).
Friday, November 30, 2018
Starting 10.00, finishing at 11.00, followed by guided tours through the restoration department of the Hochschule der Künste.
Registration of Spectrum members till November 26 at:
spectrum@photography-in-switzerland.ch
Expert's Article #2
Each newsletter is accompanied by an essay, a work report or a plea by a photography expert from Switzerland, in his or her mother tongue.
We wish you an exciting cultural fall!
See you soon.
With kind regards
Urs Stahel
President of Spectrum – Photography in Switzerland
On behalf of the Spectrum Board