Commons:Deletion requests/File:Eiffelturm Blau .JPG
Previous nomination here was closed not as keep, but as file individually.
File contains a derivative work of the Eiffel Tower at night 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 artist/company. A view from underneath is just as much a copyvio as a landscape picture, especially when one sees the details of the perimeter lighting from this angle. The light display is protected under copyright, except in a panoramic view. SNTE (Société nouvelle d'exploitation de la tour Eiffel) installed a special sound and light show on the tower in 1989, for the tower's 100th anniversary. Court of Cassation, France's judicial court of last resort, decided that this dynamic display was an "original visual creation" protected by copyright. Photos that clearly display elements of the light show are copyright violations. It doesn't matter what time of day the photo is taken, if the lights are visible, it's a copyvio. --~ Grcampbell (talk) 20:25, 21 September 2011 (UTC)
- From http://www.eiffel-tower.com/the-eiffel-tower-image-and-brand/image-rights-the-eiffel-tower-brand.html:
- The Eiffel Tower, built in 1889, falls within the public domain.
- From http://www.eiffel-tower.com/the-eiffel-tower-image-and-brand/image-rights-the-eiffel-tower-brand.html:
- Daytime views from the Eiffel Tower are rights-free.
- However, 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 "Société d’Exploitation de la Tour Eiffel" (the Eiffel Tower’s operating company, or SETE).
- The citation "Eiffel Tower", the names of the various services offered on the monument as well as domain names are also registered.
- --Grcampbell (talk) 06:05, 25 September 2011 (UTC)
Kept: just ordinary electric light is not eligible for copyright Jcb (talk) 15:27, 20 October 2011 (UTC)