Commons:Deletion requests/File:Eiffel Tower Lighting up Paris.jpg
File contains a derivative work of the Eiffel Tower lights in a non de minimis setting in France which has no freedom of panorama exception meaning the uploader cannot issue a valid license without the consent of the SETE ("Société d’Exploitation de la Tour Eiffel" - the Eiffel Tower’s operating company) who adorned the Tower with lights in 2003 and copyrighted the overall spectacle. Although daytime views from the Eiffel Tower are rights-free, its various illuminations are subject to author’s rights as well as brand rights. Usage of these images is subject to prior request from the SETE. Therefore, the light display is protected under copyright, except in a wide panoramic view of Paris. In a seperate case regarding lightong on the Eiffel Tower, the SNTE installed a special sound and light show on the tower in 1989 for the tower's 100th anniversary; the Court of Cassation, France's judicial court of last resort, decided that the lights on the Eiffel Tower constituted an "original visual creation" and upheld the protection by copyright. Therefore, photos that clearly display elements of the lights are copyright violations. It doesn't matter what time of day the photo is taken, if the lights are visible, it's a copyvio. Also see c.f. Newell, Freedom of Panorama. A Comparative Look at International Restrictions on Public Photography. Creighton Law Review, 44(2), p. 405-27, p. 412: "The tower remains in the public domain and photographers can freely photograph the tower during the day, but any images taken after the lighting installation is lit up at dusk are subject to copyright restrictions and licensing requirements." --~ Grcampbell (talk) 05:56, 6 October 2011 (UTC)
Keep per Commons:Undeletion_requests/Current_requests#File:Paris_2010Feb_218.jpg. -- Docu at 06:00, 6 October 2011 (UTC)
Kept: just ordinary electric light is not eligible for copyright Jcb (talk) 10:14, 13 October 2011 (UTC)
