Photographing the Eiffel Tower at Night? It's Complicated — and Technically Illegal
The Short Answer
The Eiffel Tower's iconic nighttime light show is protected by French copyright law as an original artistic work, meaning commercial use of night photos requires prior authorization from the tower's operating company. However, simply taking the photo — or sharing it for personal use — is not illegal.
The Full Story
The Eiffel Tower was completed in 1889 for the World's Fair. Gustave Eiffel died in 1923, and the tower itself entered the public domain in 1993 (70 years after his death). Daytime photos are entirely free. The controversy begins after dark. In 1985, lighting designer Pierre Bideau installed the tower's famous golden illumination system, and in 2003 the sparkling 20,000-bulb twinkling display was added. French and EU copyright law treat original artistic works — including light installations — as protected creations. The Paris Court of Appeal confirmed as far back as 1990 (June 11, 1990 judgment) that the tower's illumination constitutes an original 'visual creation.' France, unlike the UK or Germany, historically opted out of the EU's 2001 Copyright Directive's optional 'freedom of panorama' provision, which would have allowed free photography of public structures. France partially reversed this in October 2016, introducing a limited panorama exception for non-commercial photos by individuals — but the law only explicitly covers 'architectural works and sculptures,' and legal scholars debate whether a light show qualifies. SETE (Société d'Exploitation de la Tour Eiffel), the City of Paris-contracted operator, holds the copyright and actively licenses it commercially. Pierre Bideau died in 2021, meaning protection legally extends until approximately 2091. Despite the theoretical prohibition on distributing nighttime photos commercially, SETE has never prosecuted a tourist for a personal Instagram post. Enforcement targets professional photographers, stock photo agencies, advertisers, and publishers. The practical reality: millions of nighttime Eiffel Tower photos flood social media daily with zero legal consequences for ordinary visitors.
Common Misconceptions
The most common misconception is that it is outright 'illegal' to take or even possess a photograph of the Eiffel Tower at night — this is false. The restriction applies specifically to commercial distribution or publication of such images without SETE's permission. Personal photography and personal social media sharing are explicitly permitted by SETE. A second misconception is that the 2016 French freedom of panorama law fully resolved the issue — it did not, as it only applies to non-commercial use by individuals and there is ongoing debate about whether a light installation qualifies as an 'architectural work or sculpture' under the exception. A third misconception conflates the structure (public domain since 1993) with the light show (protected until ~2091).
Actual Legal Text
Under the French Code de la Propriété Intellectuelle (CPI), original artistic works are protected for the life of the creator plus 70 years. The Eiffel Tower's nighttime illumination system, designed by lighting engineer Pierre Bideau in 1985 and treated by SETE as a separate artistic installation, falls under this protection. SETE's official position (confirmed on toureiffel.paris): 'The Eiffel Tower's lighting is protected: golden illumination, twinkling lights, the beacon, and event lighting. Any professional use of images showing the illuminated Eiffel Tower therefore requires prior authorization from SETE and may be subject to the payment of fees… Private use does not require prior approval.' A limited freedom of panorama for non-commercial use by individuals was added via Article L.122-5(11°) of the CPI by Law No. 2016-1321 of October 7, 2016 — but this applies to 'architectural works and sculptures permanently in public places,' and there is legal debate about whether the light show qualifies. The general copyright infringement penalty under Article L335-2 CPI is up to 3 years imprisonment and €300,000 fine.
Current Status
Rarely Enforced
Penalty
Copyright infringement under Article L335-2 CPI: up to 3 years imprisonment and up to €300,000 fine. In practice, commercial violators face licensing demands, cease-and-desist orders, and civil damages. No tourist has been prosecuted.
Fine: Up to EUR300,000
Imprisonment: 3 years
Last Verified
May 19, 2026
Enacted
January 1, 1985
Jurisdiction Notes
National French law (Code de la Propriété Intellectuelle); the monument is located in Paris, 7th arrondissement. Copyright is governed at the national level in France.