Facts
Swiss national X. took a black and white photograph of Bob Marley during a concert in California in 1978. The photograph shows the reggae singer in profile, with his long dreadlocked hair forming sculpted patterns around his face. Company [Y. AG] subsequently used this photograph to produce posters. X. then filed a complaint against [Y. AG] for infringement of his copyrights.Considerations
The Federal Tribunal ruled that X.'s photograph was a work protected by copyright under Art. 2 CopA. Although X. did not use any particular photographic techniques, the composition of the image, with the framing, lighting and shadows, as well as the capture of the movement of Bob Marley's hair, give…