![]() ![]() This year alone, a man was recorded carving his and his girlfriend’s name into a wall at the Roman Colosseum children in England defaced a more than 200-year-old statue with bright blue crayon and in Paris, the opening of the Eiffel Tower was delayed one morning after security officials said they had found two American tourists sleeping in the monument overnight. We often hear of tourist misbehavior, some egregious and some innocent, drawing public outrage. She finished her day not with a souvenir to take home, but with red, swollen arms and an enduring respect for the rules. “The pain was instant, searing and, because of the diffuse nature of all those tiny needles, unrelenting,” Caffesse recalled. She knew she’d made a mistake the second she grabbed the paddle of the cactus. ![]() “They aren’t just pretty words,” she said. Sign up for The Morning newsletter from the New York Times She was violating a cardinal rule when visiting a national park: Take only memories and leave only footprints. One of them would make a nice addition to her garden, she thought, so she decided to ask her family to pull over so she could pick one. In September 2006, Caffesse, now 45, and her family were driving through Big Bend National Park in Texas, where she found herself admiring the native blind prickly pear cactuses jutting out along the rocky roadside. For Nadia Caffesse, that pain came in the form of a number of tiny needles lodged in her hands, forearms and chest. Sometimes the most effective lessons sting a bit. However this still leaves the question of what exactly a professional is and if publishing the photo on revenue based social media sites like Facebook and/or Instagram is considered professional use.We’ve all seen misbehavior while traveling, but every misstep can lead to a lesson. This clearly states that from their point of view photography for private use is permitted. However, professionals must contact our teams, who will inform them of the conditions of use governing images." Views of the Eiffel Tower taken by private individuals for private use do not require prior agreement. This use is subject to payment of rights, the amount of which is determined by the intended use, the media plan, etc. The use of the image of the Eiffel Tower at night is therefore subject to prior authorisation by the SETE. ![]() The various illuminations of the Eiffel Tower (golden illumination, twinkling, beacon and events lighting) are protected. 148).īUT even the SETE (Société d’Exploitation de la Tour Eiffel ) says on the Eiffel Tower website ( ): With freedom of panorama not in place, it is now technically also illegal to photograph the tower illumination (Source: Rau, Wolfgang: "Recht für Fotografen", Rheinwerk, 3rd ed., 2017, pp. The 2005 decision by the French government to not opt for the freedom of panorama changed this, at least from a strictly legal perspective. The illuminated Eiffel Tower has been the go-to choice when teaching people about copyright in photography and the related pitfalls since the 19 court rulings that established the night time illumination as a work of art. Lead image credit: Stephen Leonardi on Unsplash. Having said that, there are very few cases in which the copyright holder takes action against someone using a photo of the landmark the majority of claims are against large corporations. However, the lights installed on the Tower in 1985 are considered an independent work of art, and thus, the right to legally take photos of the structure at night is still many decades away. The creator of the Eiffel Tower died back in 1923, meaning the restrictions on photographing it expired in 1993. However, France is one of a number of countries that chose to opt out of the freedom of panorama via a loophole in EU law. By way of copyright law in the European Union (EU), any artistic work, be it a photo, painting, song, or even building, is protected “for the lifetime of its creator, plus 70 years.”Ĭommon sense does generally prevail, in that many countries operate a “freedom of panorama” law, whereby cityscape photography is permitted on the basis that the “artwork” - or building - is not the main focus of the piece. ![]()
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