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Why Photos of the Eiffel Tower at Night are Illegal

Half as Interesting · 801 words · 4 min read

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0:00This video was made possible by Squarespace.

0:03Build your website for 10% off over at squarespace.com/HAI.

0:08If you recreationally browse stock footage sites like me, you might have noticed something—you

0:13can almost never find videos of the Eiffel Tower at night, and there’s a good reason

0:17for that.

0:18They’re illegal.

0:19This video, fully legal.

0:21This one… well I can’t show it to you because it’s 100% unequivocally illegal.

0:26It all has to do with a bit of a quirk in French copyright law.

0:30But first, a copyright law crash course.

0:32Wait a minute, is that copyrighted?

0:35Well their logo is at least, and their thumbnails too, and banner… gahhh sorry Green Brothers,

0:39blame the animator.

0:40Copyright law basically gives the original creator of a thing exclusive rights to its

0:44sale and distribution for as long as they live plus a certain amount of time.

0:48In Pakistan it’s 50 years, in Venezuela it’s 60, in Jamaica it’s 95, but in all

0:53of of these countries it’s 70.

0:56That includes the European Union which, with copyright law, more or less operates as one

1:01country.

1:02One of the major exceptions to EU copyright law is the freedom of Panorama.

1:06Basically, I can legally show you this view of the London skyline even though there are

1:11plenty of copyrighted things in this view.

1:14For the purposes of copyright, buildings are classified as artistic works.

1:19These buildings have the exact same protections as a movie, a song, or this very YouTube video.

1:24You can’t just go and build an exact replica of the London Eye without paying the original

1:29architects, but you can take a video of it because of that Freedom of Panorama.

1:34Essentially, anything you see outside in public in the UK and much of the European Union can

1:39be filmed, reproduced, and sold, but there are exceptions—most notably, France.

1:45The European Union allows its members to not have a Freedom of Panorama clause in their

1:50copyright laws so France doesn’t have one.

1:53As of 2016 you are allowed to take images and videos of copyrighted buildings for personal

1:58use, but any commercial use is copyright violation.

2:02That means showing this video is risky—I’ll have to blur out this, this, this, this, this,

2:07this, and this.

2:09These blurred buildings were all probably designed by architects that are either alive

2:13or died within the last 70 years so they still are copyrighted and the architects could sue

2:19me if I had shown them since this video is commercial use.

2:23So back to the Eiffel Tower which according to this Google reviewer is “too windy,”

2:27and “if it were American we would stop all the wind.”

2:30Knowing what we now know, the real question is, why is it even legal to show the Eiffel

2:35tower during the day.

2:36Well, it’s very old.

2:38Gustave Eiffel actually didn’t design the Eiffel tower.

2:41He bought the designs from the Stephen Sauvestre who’s employees, Maurice Koechlin and Émile

2:46Nouguier actually designed the tower.

2:48Nonetheless, when Eiffel bought the design he bought the copyright too, but then he died

2:53in 1923.

2:5470 years after that, in 1993, the copyright lapsed, just like with any other artistic

2:59work.

3:00So, the Eiffel Tower, its likeness, its design, everything is in the public domain.

3:05All those Eiffel Tower replicas sold on the streets of Paris are actually, surprisingly,

3:10fully legal.

3:11However, the lights on the Eiffel Tower weren’t installed until 1985, therefore, since they’re

3:17considered an artistic work, they are well within their copyright term.

3:21For this reason, any photo taken at night when the lights are visible is an illegal

3:26reproduction of a copyrighted work.

3:28The Eiffel tower isn't the only example of this.

3:31I can’t show you the pyramid of the Louvre, the Little Mermaid statue in Copenhagen, or

3:35even the main train station in Rome.

3:37In reality the Eiffel Tower’s copyright has never been enforced in court, but at any

3:42moment that could change and you could you to jail for your holiday photo.

3:47If you’re looking for a way to set up an illegal black market stock photo site for

3:50European landmarks then please don’t use Squarespace because I’m sure I’d get an

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4:23They make this show possible so please go at least check them out over at squarespace.com/HAI.

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