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![]() Just Above Sunset
May 1, 2005 - Trademark and Public Domain Issues with the Eiffel Tower
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I do not suppose this will
effect any of us with websites – unless our sites make a whole lot of profit (unlikely) – but if we take a picture
of the Eiffel Tower at night there now is a licensing fee to post it. The item below notes that tourists posting to
their own websites will not be targeted. But one wonders if Ric Erickson, editor of MetropoleParis, once he gets a gazillion readers and is rolling in Euros, will need to kick some money back to the office of Jean-Bernard
Bros, SNTE president and deputy mayor of Paris for tourism. The thing is, after all, a monument situated in the public
domain. But… . Snapping a picture of
the Eiffel Tower by day, or snapping one by night. For many businesses, there's a big difference. Well, drat! The AP
items goes on to note that other monuments in Paris - the Pantheon and the Arc de Triomphe - are free of rights. And
this is according to Paris City Hall and the Center for National Monuments, the public body that manages French landmarks.
Day or night. It doesn’t matter there. And it seems the SNTE admits that of the eight million dollars in
profit that the tower turned last year, only a small part - $69,276 to be precise - came from payment of rights for commercial
use of the image. So what’s the big deal? The Eiffel Tower's trademark
was established when artist Pierre Bideau installed the tower's current illumination in 1985. Well, one can see that
point – but they put the thing right out there in the open! I'm totally with this
Gerard Ducrey, the communications lawyer. I would like to see someone challenge this silliness under International Copyright
law. It's out in the public domain, whether you illuminate the damn thing with light bulbs or not. And Ric Erickson, editor
of MetropoleParis, being there, has the definitive word – The Ville de Paris 'owns'
the Tour Eiffel, but the taxpayers of Paris 'own' the Ville de Paris. The city is a custodian of the [people's] tower, responsible
for managing it correctly. As such the city is probably competent to decide what is 'fair use' and to go after those who would
use it unfairly, especially for private gain. And here is Ric’s
photo of the tower being used for a promotion. He’s in trouble? I’m in trouble? |
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This issue updated and published on...
Paris readers add nine hours....
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