Quote Originally Posted by Greg McCary
So, Can Time Magazine print a night picture of the Eiffel tower on there next cover without paying some fee or tax? Or can I post night pictures that I take on a web site and sell them with no fees or taxes? From what I read on the Eiffel Towers offical site No, but Ron you are saying yes, am I right? I hope this isn't a dumb question...
Greg
Three issues here:

First issue: Is a light show or a light display a copyrightable presentation? as the law is
currently written in Canada, US? Well, I will continue to look, but as yet I
have seen no reference to a light show or display as being a copyrightable
work, specifically mentioned in the law.

Second issue: Even if a light show is considered an artistic work, an artistic work in a
fixed location in a public place is not subject to copyright. Eiffel Tower is
certainly a fixed location.

Third issue: Even if it is subject to copyright, what constitutes infringement? Remember
in all countries a substantial duplication of the work is necessary. This
certainly cannot be accomplished with a still camera and for that matter
some lawyers would argue that it is only possible by putting on the same
kind of live light show on the Eiffel tower. Hardly likely!

So, I certainly have not found any reason in law, why anyone should seek permission or pay any fee. Making money and/or controlling the use of images certainly seems to be the name of the game but that does not mean that policies from municipalities or other organizations have any basis in law.

Cities in Canada have often found through citizen court challenges that their policies are not legal and have had to make changes.

Ronnoco