Why Photos of the Eiffel Tower at Night are Illegal

Summary

This video explores the peculiarities of French copyright law, particularly the absence of the Freedom of Panorama, which restricts commercial use of images featuring certain buildings. The Eiffel Tower, though in the public domain, has its night lights copyrighted, making night photos illegal. The video humorously navigates the legal landscape of capturing and sharing European landmarks, all while promoting Squarespace for website building with a 10% discount for viewers.

Takeaways

• 💻 Squarespace sponsors this video, offering 10% off on website building.
• ⚖️ Finding videos of the Eiffel Tower at night is difficult because they are illegal.
• 📚 French copyright law is a bit quirky, especially regarding the Eiffel Tower.
• 🇫🇷 In France, taking videos of copyrighted buildings for commercial use is a violation.
• 🏛️ Buildings are classified as artistic works and have copyright protections like movies and songs.
• 🌍 The European Union allows countries to have their own rules on the freedom of Panorama.
• 🌉 The Eiffel Tower's design is in the public domain since Gustave Eiffel died in 1923.
• 💡 The lights on the Eiffel Tower, installed in 1985, are still under copyright.
• 🚫 Photos of the Eiffel Tower at night are illegal due to the lights being copyrighted.
• 📸 Other landmarks like the Louvre Pyramid and Little Mermaid statue also have copyright restrictions.
• 💼 While the Eiffel Tower’s copyright hasn't been enforced in court, it could happen anytime.
• 🌐 Squarespace offers free trials and customizable templates with no credit card required.

Q & A

Why is it difficult to find videos of the Eiffel Tower at night on stock footage sites?

Videos of the Eiffel Tower at night are considered illegal due to a quirk in French copyright law.

What is the general rule regarding the duration of copyright protection in various countries?

The duration of copyright protection is usually the lifetime of the creator plus a certain number of years, which is 70 years in most countries including the European Union.

What is the 'Freedom of Panorama' in the context of EU copyright law?

The 'Freedom of Panorama' is an exception to EU copyright law that allows the public to film, reproduce, and sell images of buildings and other artistic works in public spaces without infringing on copyright.

Why is France an exception to the 'Freedom of Panorama' clause in the EU?

The European Union permits its member states to opt out of the 'Freedom of Panorama' clause, and France has chosen not to include it in its copyright laws.

What changed in French copyright law regarding images and videos of copyrighted buildings as of 2016?

As of 2016, it became legal to take images and videos of copyrighted buildings in France for personal use, but commercial use remains a copyright violation.

Why is it legal to show the Eiffel Tower during the day, but not at night?

The Eiffel Tower itself is in the public domain because its copyright has lapsed, but the lights installed in 1985 are still within their copyright term, making night photos or videos illegal reproductions of a copyrighted work.

Who originally designed the Eiffel Tower, and how did Gustave Eiffel come to own the copyright?

The Eiffel Tower was designed by Maurice Koechlin and Émile Nouguier, who were employees of Stephen Sauvestre. Gustave Eiffel bought the design and, with it, the copyright.

When did the copyright for the Eiffel Tower lapse, and why is it no longer protected?

The copyright for the Eiffel Tower lapsed in 1993, 70 years after the death of Gustave Eiffel in 1923, following the standard copyright duration rule.

What are some other examples of European landmarks whose night photos or videos might be subject to copyright restrictions?

Examples include the pyramid of the Louvre, the Little Mermaid statue in Copenhagen, and the main train station in Rome.

How can one legally obtain a video of the Eiffel Tower without infringing on copyright?

One can legally obtain a video of the Eiffel Tower during the day when the lights are not visible, as the structure itself is in the public domain.

What is the promotional offer provided by Squarespace for new users as mentioned in the video script?

Squarespace offers a 10% discount on the first purchase for users who sign up through the link squarespace.com/HAI, and they can also try the service for free without providing credit card information.

Outlines

00:00

🏛️ French Copyright Law and the Eiffel Tower

This paragraph discusses the peculiarities of French copyright law, particularly its impact on the legality of filming the Eiffel Tower at night. It explains the general principles of copyright law, including the duration of rights, which typically extends 70 years after the creator's death in the European Union. The concept of 'Freedom of Panorama' is introduced, which allows for the legal filming and reproduction of public views in most of the EU, except in France. The paragraph highlights the commercial use restrictions on showing certain buildings in France, which are still under copyright due to the architects' relatively recent deaths. It also clarifies the public domain status of the Eiffel Tower's design, contrasting it with the copyrighted status of its lights installed in 1985.

Keywords

💡Squarespace

Squarespace is a website building and hosting service that offers a variety of tools for creating and managing websites. In the context of the video, it is the sponsor, and the script promotes it as a platform for building websites with customizable templates, 24/7 customer support, and built-in search engine optimization. The video script encourages viewers to visit squarespace.com/HAI for a 10% discount on their services.

💡Copyright Law

Copyright law is a legal framework that grants the creators of original works exclusive rights to their distribution and sale for a certain period of time. The video script provides a brief overview of copyright durations in different countries and explains the concept of copyright in relation to architectural works, which is central to the theme of the video.

💡Freedom of Panorama

Freedom of Panorama is a legal principle that allows the public to take and distribute photographs of copyrighted buildings and structures without infringing on the copyright. The script explains that this principle applies in the UK and much of the EU, except for France, which is a key point in the video's discussion of the legality of photographing the Eiffel Tower at night.

💡Eiffel Tower

The Eiffel Tower is a famous landmark in Paris, France, and serves as the central example in the video's exploration of copyright issues related to architectural works. The script explains that while the design of the tower is in the public domain due to the lapse of copyright, the lights installed in 1985 are still under copyright, making nighttime photos of the tower illegal.

💡Public Domain

Public domain refers to works that are no longer protected by copyright and are freely available for use by the public. The script mentions that the Eiffel Tower's design is in the public domain because the copyright has lapsed 70 years after the death of its last copyright holder, Gustave Eiffel.

💡Commercial Use

Commercial use in the context of copyright law refers to the use of copyrighted material for profit-making purposes. The video script discusses the restrictions on commercial use of images and videos of certain buildings in France, including the Eiffel Tower at night, due to copyright laws.

💡Copyright Violation

Copyright violation occurs when someone uses copyrighted material without permission from the copyright holder, especially for commercial purposes. The script uses this term to describe the legal risk of showing certain buildings in France, such as the Eiffel Tower at night, in a commercial video without proper permissions.

💡Architectural Works

Architectural works are considered artistic creations under copyright law, which means they are protected by the same copyright laws as other forms of art. The script explains how this affects the legality of photographing certain buildings in France and the EU, with a focus on the Eiffel Tower.

💡Stock Footage

Stock footage refers to pre-recorded video or film footage that can be used by filmmakers, advertisers, and others in their productions. The script mentions that it is difficult to find stock footage of the Eiffel Tower at night due to copyright restrictions.

💡Google Reviewer

A Google reviewer mentioned in the script is an individual who has left a comment or review on a Google platform, in this case, about the Eiffel Tower. The script uses this as a humorous aside to transition into the discussion of the Eiffel Tower's copyright status.

💡Black Market Stock Photo Site

The script humorously mentions the idea of setting up an 'illegal black market stock photo site' for European landmarks as a hypothetical scenario to illustrate the potential legal risks of using copyrighted images without permission. This serves as a cautionary note about the importance of understanding copyright laws.

Highlights

The video discusses the legality of filming the Eiffel Tower at night due to French copyright law.

French copyright law has a unique exception regarding the Eiffel Tower's lights, which are copyrighted.

A crash course on copyright law is provided, explaining the duration of copyright in different countries.

The concept of 'Freedom of Panorama' in EU copyright law is introduced, allowing public filming of buildings.

France is an exception to the 'Freedom of Panorama' clause, restricting commercial use of images of buildings.

Since 2016, images and videos of copyrighted buildings in France can be used for personal use but not commercially.

The Eiffel Tower's design is in the public domain as its copyright has lapsed, but the lights are still copyrighted.

The Eiffel Tower replicas sold in Paris are legal due to the public domain status of the tower's design.

The video explains why the Eiffel Tower can be shown during the day but not at night due to the lights.

Other landmarks like the Louvre pyramid, the Little Mermaid statue, and Rome's main train station have similar copyright restrictions.

The copyright of the Eiffel Tower's lights has never been enforced in court, but there is a risk of legal action.

The video is sponsored by Squarespace, offering website building services with a discount for viewers.

Squarespace provides customizable templates, 24/7 customer support, and built-in SEO for website creation.

A free trial of Squarespace is available without credit card information to experience the platform's features.

The video encourages viewers to check out Squarespace for website building needs with a 10% discount.

Transcripts

This video was made possible by Squarespace.

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

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

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

for that.

They’re illegal.

This video, fully legal.

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

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

But first, a copyright law crash course.

Wait a minute, is that copyrighted?

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

blame the animator.

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

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

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

of of these countries it’s 70.

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

country.

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

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

plenty of copyrighted things in this view.

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

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

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

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

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

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

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

copyright laws so France doesn’t have one.

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

use, but any commercial use is copyright violation.

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

this, and this.

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

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

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

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

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

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

tower during the day.

Well, it’s very old.

Gustave Eiffel actually didn’t design the Eiffel tower.

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

Nouguier actually designed the tower.

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

in 1923.

70 years after that, in 1993, the copyright lapsed, just like with any other artistic

work.

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

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

fully legal.

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

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

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

reproduction of a copyrighted work.

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

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

even the main train station in Rome.

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

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

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

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

angry email.

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You’ve probably heard their pitch before—beautiful customizable templates, 24/7 award winning

customer support , build in search engine optimization—but what you might not realize

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You can get that free trial over at squarespace.com/hai and then when you do decide to buy you’ll

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