Eiffel Tower Night Shots and a Password Protected Gallery

quirk6

Okay, a quick question about copyright technicalities. I know that night time shots of the Eiffel tower and de facto copyrighted by the French government. I know that I cannot post these to a public gallery. I would however like to upload my complete Paris photos, including my night shots of the Eiffel tower, to a password protected gallery. Would that be alright? Since the gallery isn't available to the general public, would this be within the bounds of the copyright laws?

Thanks!

GSPeP

Password protected gallery shouldn't be a problem.

We have the same problem here with pictures of the "Atomium" in Brussels.

Opps

I got to ask: do you mean that the French government can copyright photos you have taken?

If so, it's pretty silly

quirk6

Opps wrote:

I got to ask: do you mean that the French government can copyright photos you have taken?

If so, it's pretty silly

Yes, this is what I'm saying. All Night time photos of the tower, when it is lit, are copyrighted by the French Government. Daytime photos are fine. This is not the only example of this in the world. There are other things that are copyrighted by their owner no matter who took the photo of it. Can't think of any other examples off the top of my head, but they are out there. I just don't want to get my account suspended or anything for copyright infringement if I upload those photos to a password protected gallery.

mbellot

Copyright or not, you should be able to display them in a public gallery if you want.

I think the sticking point would be selling them, but turning of the print option would fix that problem.

But (thankfully) IANAL, so its just my opinion on how copyright works.

EDIT: A quick Google search found this bit of info on Wikipedia.

Haigh

Seems the copyright is not valid in the US (as with many other countries).

http://www.copyright.gov/title17/92chap1.html#120

Post at will, I would say. If you wish to be over cautios, password the gallery. Unless you are portraying the tower in a demeaning or obscene manner, the worst that could happen is someone asking you to take it down. I still find it highly unlikely.

Robert

BrigetteSullivan

I can help you clear things up! I've worked as a professional photo researcher/editor/lincensee for many years.
When works of art (like the lighting design of the Eiffel Tower) are copyrighted, you may absolutely and display your photos! You are the copyright owner of YOUR PHOTOS. However, if a copyrighted work within your photography is to be used for COMMERCIAL PURPOSES, it may NOT be used without the written consent of the copyright holder.
Example: You may photograph the Tower in all its nighttime glory. You may display your photos on your web site, in blogs, even in publications--so long as it is only EDITORIAL USE. If any ad agency, company, publisher, third party merchant, etc. wanted to use an image of copyrighted materials, they would have to seek permission from the owners of the Tower's lighting design.
The same hold true for hundreds of works of art, architecture, etc. (like Car Henge, Disney, Dinosaur Museum in California, I.M. Pei architecture, Cloud Gate/The BEan in Chicago, the list goes on and on...)
Hope this is helpful.

quirk6 wrote:

Okay, a quick question about copyright technicalities. I know that night time shots of the Eiffel tower and de facto copyrighted by the French government. I know that I cannot post these to a public gallery. I would however like to upload my complete Paris photos, including my night shots of the Eiffel tower, to a password protected gallery. Would that be alright? Since the gallery isn't available to the general public, would this be within the bounds of the copyright laws?

Thanks!

quirk6

That all makes sense. I was being careful because I've seen deviantart pull images of the Eiffel Tower at night. I didn't want to risk any trouble with my smugmug account.

BrigetteSullivan wrote:

I can help you clear things up! I've worked as a professional photo researcher/editor/lincensee for many years.
When works of art (like the lighting design of the Eiffel Tower) are copyrighted, you may absolutely and display your photos! You are the copyright owner of YOUR PHOTOS. However, if a copyrighted work within your photography is to be used for COMMERCIAL PURPOSES, it may NOT be used without the written consent of the copyright holder.
Example: You may photograph the Tower in all its nighttime glory. You may display your photos on your web site, in blogs, even in publications--so long as it is only EDITORIAL USE. If any ad agency, company, publisher, third party merchant, etc. wanted to use an image of copyrighted materials, they would have to seek permission from the owners of the Tower's lighting design.
The same hold true for hundreds of works of art, architecture, etc. (like Car Henge, Disney, Dinosaur Museum in California, I.M. Pei architecture, Cloud Gate/The BEan in Chicago, the list goes on and on...)
Hope this is helpful.