According to this recent article of Der Spiegel Online, were the “freedom of panorama” (panorama exception) were to be restricted all around Europe, it would become impossible to take selfies in front of the Eiffel Tower.
The impossibility to photograph the Eiffel Tower belongs to one of these long standing myths when it comes to photos on public spaces.
What’s true, what’s not true?
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Why the caption of the picture is false:
- To start with, Gustave Eiffel has been dead longer than 70 years (1923) …
- In any case, he had transfered all his rights to the SETE, society of exploitation of the Eiffel Tower
- It is already possible to take selfies in front of the Eiffel Tower although France has not introduced the panorama exception into its national law
- No holiday maker, no Paris lover or any selfy photographer has ever been sued by the Society of exploitation of the Eiffel Tower.
The reason is that private usages are expressly permitted: “Views of the Eiffel Tower taken by private individuals for private use do not require prior agreement.” - Editorial uses are also possible (newspapers, magazines, broadcast) as professional photographers benefit of the information exception as provided by Art: 5.3. of the InfoSoc Directive.
What is true:
- The various illuminations of the Eiffel Tower (golden illumination, twinkling, beacon and events lighting) are protected.The use of the image of the Eiffel Tower at night for commercial usage is therefore subject to prior authorisation by the SETE. This use is subject to payment of rights, the amount of which is determined by the intended use, the media plan, etc.
- Private individuals or editorial uses are not affected by this restriction
To go further:
Stated on the SETE website
Myths & facts about the optional panorama exception (document published by GESAC and EVA)
