Every night, the Eiffel Tower sparkles with a mesmerizing display of 20,000 twinkling lights. Tourists flock to capture this enchanting sight, eager to share their photos on social media or with loved ones. While the Eiffel Tower itself is not protected by copyright, the spectacular light show is.
However, countless images of the illuminated Eiffel Tower flood the internet, raising the question: Are tourists committing copyright infringement by capturing this breathtaking view?
This article delves into the intricacies of copyright law and its impact on the iconic French landmark, helping you understand the rules surrounding photography of the Eiffel Tower at night.
Unraveling the Web of Copyright
Copyright law grants creators of original works the exclusive right to reproduce, distribute, display publicly, and create derivative works. This extends to visual arts, such as paintings and photos, as well as architectural structures and lighting designs. Using such works without permission can be considered copyright infringement, leading to potential monetary penalties.
Most nations, including the United States and European Union, adhere to the Berne Convention, an international treaty safeguarding these minimum copyright protections. This ensures that copyright holders receive legal recourse for a limited period. Once the copyright duration ends, the work enters the public domain, allowing free use without permission.
The Eiffel Tower’s Shifting Copyright Status
While the Eiffel Tower, completed in 1887, is no longer under copyright protection, its lighting design, added in 1985, is still protected. This raises the question: Why are there so many images of the illuminated Eiffel Tower online?
The Practicality of Enforcing Copyright
Technically, the copyright holder could prohibit photography of the Eiffel Tower at night, including sharing on social media, selling images, or creating prints. However, enforcing this right poses several challenges.
Firstly, prohibiting millions of people from photographing the Eiffel Tower would be a logistical nightmare. Security measures to enforce this ban would be costly and impractical, especially considering that most people are unaware of the lighting design’s copyright protection.
The Public Relations Dilemma
Removing images of the Eiffel Tower from the internet would create a public relations disaster for French tourism. Imagine the backlash if visitors returned home to find copyright infringement notices after sharing their photos on Instagram.
Logistical Challenges of Removal
The task of removing online images is time-consuming and expensive. While some websites, like Artrepreneur, facilitate takedown requests under the Digital Millennium Copyright Act (DMCA), this only applies to US-based sites. Removing images from websites worldwide would require individual written takedown requests or cease-and-desist letters, a daunting and expensive process.
The Cost of Legal Action
For websites that refuse to remove images, the copyright holder must initiate legal action. However, the legal costs often outweigh any potential financial compensation from lawsuits.
The Société d’Exploitation de la Tour Eiffel’s Approach
Recognizing the challenges of enforcing copyright, the Societé d’Exploitation de la Tour Eiffel provides clear guidelines on their website. They emphasize that while photography of the Eiffel Tower is permitted, commercial use of night photos requires permission.
Balancing Copyright and Public Enjoyment
The Societé’s approach acknowledges the public’s enjoyment of the Eiffel Tower’s beauty while protecting their copyright on the lighting design. This balanced approach encourages responsible photography while safeguarding their creative work.
Commercial Use: A Different Story
While taking photos of the Eiffel Tower for personal use on social media or art sites is unlikely to land you in trouble, commercial use, especially for revenue generation, requires caution. It’s always a good idea to check the terms of service for any location, including the Eiffel Tower, the Empire State Building, or the Louvre. These websites provide information about image use policies.
Conclusion
The Eiffel Tower’s dazzling nighttime display is a captivating sight, but it also raises complex issues regarding copyright law. The Société d’Exploitation de la Tour Eiffel has adopted a practical and balanced approach, allowing personal enjoyment while protecting their commercial interests. By understanding the nuances of copyright and adhering to the provided guidelines, you can capture the Eiffel Tower’s splendor responsibly, ensuring both your enjoyment and respect for the creators.
