Recognition of the co-author status of the Orange Guide

Facts

Christian de Siebenthal, holder of a degree in chemical engineering, was hired in 1978 by the Fire and Rescue Service of the City of Geneva (SIS) as a chemical documentalist. His tasks included the establishment and updating of the cards of the "Repertoire of Hazardous Products" or "Orange Guide of the Geneva Firefighters" (the Orange Guide). This work, first published in 1979 and regularly republished, has become the reference for French-speaking firefighters. In 2007, the City of Geneva terminated Christian de Siebenthal's employment contract. The latter then filed an action to have it recognized that he is the author of the Orange Guide.

Considerations

The Federal Court partially upheld Christian de Siebenthal's appeal. It ruled that the Orange Guide is a work protected by copyright, due to its original presentation in the form of detailed intervention cards for each chemical product. Although the head of the SIS, A., set certain presentation criteria and drafted preliminary notes, the Court considered that Christian de Siebenthal…