Getting an Eiffel of light

A recent weekend away in Paris, couldn’t pass without some IP chat… So, full of croissants, and ruined by the Eiffel tower’s steps, there was great glee in launching into some IP facts between step 523 and 618.

You’d think the Eiffel Tower would be in the public domain. The structure itself, completed in 1889, is indeed a public asset. The copyright expired 70 years after the death of Gustave Eiffel in 1923. This means you’re free to take photos of the iconic tower, or even feature it in your new movie…

In the daytime that is.

But nighttime, and the lights, are a different story.

The famous glittering golden light show, a nightly spectacle that makes the tower sparkle (which we managed to time our ‘up and down’ to catch), is a creative work in its own right. The lights were installed in 1985 by Pierre Bideau and are considered a separate, artistic creation protected by a separate copyright.

What Does That Mean In Reality?

It means that while you’re free to take photos of the Eiffel Tower during the day and use them for commercial purposes, Commercial exploitation of images featuring the illuminated Eiffel Tower may require authorisation because the lighting display is protected by copyright under French law.

In practice, tourists sharing holiday photographs on social media are not the target of enforcement, whereas commercial uses are where permission becomes important. The Société has said that people taking photos for private use do not require prior approval. Professional or commercial photographers, however, definitely need to reach out for permission first.

SETE even has a Film and Image Unit that assists professionals with filming and photography sessions conducted within the monument as well as requests for image rights when the illuminated Eiffel Tower appears in a project. The team reviews each request on a case-by-case basis.

Breaking It Down

Whilst the physical structure is a public monument, the creative and artistic works associated with it are not.

This encapsulates how a single asset can have multiple layers of IP protection. In this case, the tower is distinct from the lighting design, which is a copyrighted work in its own right. A bit like how a Labubu as a product can be protected by trademarks, copyright, and design rights simultaneously.

For any business using imagery in its marketing, whether on social media or in advertising, it is vital to understand the licensing implications. Taking a beautiful night-time photo or video of the Eiffel Tower for a commercial travel blog’s header image could, in theory, put you on the wrong side of ‘right’.

We have similar additional restrictions (not necessarily copyright though) re Royal buildings, images and heraldry. The UK has its own patchwork of protections around Royal insignia, heraldry and certain official imagery, illustrating that intellectual property and related rights can extend beyond the physical asset itself.

Why you need an expert

With the right advice and support, how you deal with copyright when it comes to your brand protects your IP and helps secure all the hard work you put into your business from a legal standpoint.

At Asenda Law, we understand how important it is to protect what’s uniquely yours, and we’re here to guide you through the complexities of intellectual property law, making sure you’re covered from every angle.

Whether you’re in need of copyright, trade mark advice, registration, or enforcement, we’ve got the expertise to help. Get in touch today.