ProMods

artlawjournal.com wrote:
The Eiffel Tower Copyright

The Eiffel Tower is no longer under copyright protection (aka in the public domain), which allows for photos of the structure. However, the lighting design is a recent addition and the Société d’Exploitation de la Tour Eiffel, the organization managing the structure, maintain that the lighting is an artistic work separate from the structure itself. As such, the artistic lighting is not in the public domain, and without the EU Copyright Directive providing limitations, French law prevails. According to the Eiffel Tower website, taking photos during the day is permitted, “however, its various illuminations are subject to author’s rights as well as brand rights. . . Usage of these images is subject to prior request from the Société d’Exploitation de la Tour Eiffel.”

The international copyright treaty, the Berne Convention, provides protection for literary and artistic works, including “every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression.” Whether the lighting scheme is a separate protectable artistic work is debatable, but only the courts can make that determination. So for the purpose of this analysis, let us assume that the work has copyright protection.