Eiffel Tower

The Eiffel Tower (French: Tour Eiffel) is a puddled iron tower built on the Champ de Mars, beside the River Seine, in Paris, France. It is the most famous Paris landmark and is used as a symbol of the city. At the time of its construction in 1889 it was the tallest building in the world, and remained so until 1930. Named after its designer, engineer Gustave Eiffel, it is a premier tourist destination, with over 5.5 million visitors per year.

Image copyright

Images of the Eiffel Tower have long been in the public domain; however in 2003, the operating company SNTE installed a new lighting display on the tower, the design of which they then copyrighted. The effect is to put the night-time image of the tower under copyright. It follows that it is no longer legal to publish contemporary photographs of the tower without permission.

Related Topics:
Public domain - 2003

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The imposition of copyright is not without some controversy. The Director of Documentation for SNTE, Stéphane Dieu, commented in January 2005 "It is really just a way to manage commercial use of the image, so that it isn't used in ways we don't approve". However, it also potentially has the effect of prohibiting tourist photographs of the tower at night from being published. http://blog.fastcompany.com/archives/2005/02/02/eiffel_tower_repossessed.html

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In a recent decision, the Court of Cassation ruled that an architect could not claim copyright over images including one building the design of which they held the copyright of if the photograph encompasses a larger area. This seems to indicate that SNTE cannot claim copyright on photographs of Paris incorporating the lighted tower at night.

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It should be noted that under American law, copyright does not go so far, and photography of a publicly visible building is freely permitted, whether or not the photograph encompasses a larger area or just the building itself. However, copyright infringers could potentially be sued for civil tort before French courts, and damages recouped by asking the execution of the decision from American courts.

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