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RE: Copyright of Eiffel Tower Lighting

You cannot, at least in the U.S but I suspect it is also true elsewhere,
copyright a public building, the way it is presented by the governmental
owner to the public, or in many cases anything that is funded with public
moneies where they are a significant portion of the funding and the main
stimulus for the creation or production of the resulting product.

In the case, for instance of, photographing in a public facility or park, it
is not copyright issues which may prevent it but tresspassing issues which
may prevent it in that not engaging in photogrpahy may be a condition of
admission; but this does not prevent someone from photographing it from a
public right of way like the street.

In the case of lighting a monument, the creater of the lighting design may
copyright the design itself but not the appearance of its display as it
manifests itself from a public right of way.  From the quote from the Tower
web site, I am inclined to conclude that (a) the Tower may not be a
publically owned monument but a privately owned and run facility, (b) the
publication has to be in France or somewhere that the French laws have
jurisdiction since not just taking the photograph at night is in question
but the issue is publication and that might itself revolve around the nature
of the publication (i.e., educational or non profit uses versus advertising
and commercial uses versus editorial or news uses.

-----Original Message-----
From: owner-epson-inkjet@leben.com
[mailto:owner-epson-inkjet@leben.com]On Behalf Of Kathleen Wattle
Sent: Saturday, June 15, 2002 2:02 AM
To: epson-inkjet@leben.com
Subject: Copyright of Eiffel Tower Lighting

Jerry Olsen wrote:
"I doubt this would stand in any court in the free world.

How can you copyright the lighting of a monument? "

Answer: Because the lighting of the monument is an art, a creative work just
as is theatre lighting - structured to display a creative interpretation of
the subject, and as such the lighting itself is a unique work and subject to
copyright protection as are other creative arts. The lighting process is not
just "putting up some damn big lights" just as photography is not "just
takin' pitchers".

Kathleen Wattle

Peter Tattersall wrote:
> On Thursday, June 13, 2002, at 04:53  PM, Jerry Olson wrote:
> > And there's nothing from stopping professional photographers from taking
> > a photo of the tower at night, either. I'd be Damned if I'd pay anything
> > to anybody to photograph a national monument! Not a dime! That's almost
> > like Exxon claiming ownership of the sun and adding a $25 fee on your
> > monthly utility bill.
> >
> > Jerry
>  From the Official Eiffel Tower Website FAQ page (http://www.tour-
> eiffel.fr/teiffel/uk/pratique/faq/index.html):
> "There are no restrictions on publishing a picture of the Tower by day.
> Photos taken at night when the lights are aglow are subjected to
> copyright laws, and fees for the right to publish must be paid to the
> SNTE."

Kathleen Wattle
Captive Spirit Photography
        "Capturing the essence . . .
          for Business or Pleasure"

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