RE: Copyright of Eiffel Tower Lighting

[bgorman@pipeline.com]

FWIW . . . 

I have been working with a photo consultant as I seek to launch my
business. She has a long history of success in "the business of the
business," and in the photo stock world, both in the US and abroad.

When we were reviewing my portfolio for images that I might license, she
advised me to pull the photograph of the Eiffel Tower at night. Per
Kathleen's response below, I was told that the lighting design was
copyrighted, and that any unauthorized use would be copyright infringement.

I think we need to be careful also that we are not assuming that French law
in this area is the same as American.

brian@briangormanphoto.com
917-653-5198
www.briangormanphoto.com


At 01:31 PM 6/15/02 -0500, you wrote:
>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"
>www.captivespirit.com
>
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