Which Eiffel Tower Shot Might be Illegal?

That’s actually a semi-trick question! Shot just hours apart in 2009 with a my Fujifilm F31fd point-and-shoot, the problem isn’t with the recognizable faces on the right.

“Non.”

It’s with how I might use the image on the left. The one on the right was taken in daylight, and can be legally posted, printed, reproduced and sold at will. In most locations, ordinary people doing ordinary things in public places aren’t legally granted an “expectation of privacy.”

But the one on the left– or indeed any photo or video that captures the Eiffel Tower’s night-time light shows– could be problematic. Despite this Travel+Leisure article’s misleading title, I can shoot as many night shots of the Tower as I want. But I cannot yet profit from them without prior approval. Artist/designer Pierre Bideau created the Tower’s famous 20,000-bulb installation in 1985, and European copyright laws protect images of it for his lifetime plus 70 years. NOTE: The Tower itself is in the public domain since Gustave Eiffel died in 1923 and his artistic copyright ended in 1993.

To be realistic, though, if I sold prints of my night shot at a Boston craft fair, the The Société d’Exploitation de la Tour Eiffel (SETE) admits that it would be nearly impossible for them to find such a tiny violation. But using such shots in media for which one is paid— book, article, blog, ad campaign or film– might attract a cease-and-desist letter or payment request. SETE’s specific guidelines are available here.

But I wanted further clarification and contacted their Press Office twice, to determine if photos showing general flood-lighting of the structure (like the following, also taken in 2009) are similarly controlled:

That was more than a month ago and they haven’t responded. But since their guidelines refer to “general illuminations,” I guess they would also want to approve use of such shots… and possibly charge a fee.

It’s always wise to ask. And while I did explain my intended use, and sent them a full draft of this article (with images), they didn’t say I couldn’t publish it on 35mmc as a public service to other photographers… and to Pierre Bideau.

–Dave Powell is a Westford, Mass., writer and avid amateur photographer.

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