Under the French legislation architecture objects are copyright objects and are protected during life of the author and for 70 years after his death. As we know, the Eiffel tower was created by Gustave Eiffel as a temporary construction which served as entrance arch for the World Exhibition in 1889. Legal protection term for the Eiffel tower expired in 1993.
However, design and illumination of the Eiffel tower at night is a recent supplement (for the first time lights were turned on in 1985). Société d'Exploitation de la Tour Eiffel claims that the illumination is a piece of art separated from the Eiffel tower construction, and therefore is protected by copyright as a separate object.
Thus, pictures of the Eiffel tower made at night, except for cases of using them for personal needs, were considered intellectual property right infringement. It should be noted that spreading such photos in social network was also considered infringement. However, Société d'Exploitation de la Tour Eiffel had a loyal position as for such spread of photos in case they are not used for commercial purpose and did not request to stop the violation, while for commercial use it was necessary to obtain permission.
The logical question arises: what about “freedom of panorama” which allows individuals to take and spread pictures of copyright objects located in public places without restrictions?
Indeed, in most EU countries such exception exists. However, in France only in 2016 changes to the national legislation in the intellectual property area were made. They introduced the freedom of panorama. This exception specifies that author cannot forbid individuals to reproduce and capture (including in photo) architecture objects located in public places, including any commercial use.
Therefore, now you can freely take pictures of the Eiffel tower at any time of the day and post them to Facebook.
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