Commons:Featured picture candidates/File:2013-12-21 19-13-03 lumieres-noel-montbeliard.jpg/2

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File:2013-12-21 19-13-03 lumieres-noel-montbeliard.jpg, featured[edit]

Voting period is over. Please don't add any new votes.Voting period ends on 2 Jan 2019 at 07:25:37 (UTC)
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Lumières de Noël, à Montbéliard
In a perfect world it wouldn't be, but in nations that either have no FoP provisions (France) or exempt public artworks (the USA), any arrangement of lights, even those that stay still, is as surely a three-dimensional work of art as a sculpture or statue, or the Eiffel Tower's nighttime lighting. Daniel Case (talk) 01:12, 29 December 2018 (UTC)[reply]
  • I find this question of copyright interesting, as it's true all the subject of the photograph is here. Apart from these lights, the picture has nothing really special. Thus, is it like a sculpture protected by the law, or more like a street ? The illumination of the Eiffel Tower is clearly under copyright (the society earned 1 million euros in 2002 from these), but I could not find texts nor articles on the web in French related to this kind of protection for other monuments or structures. On the contrary, it seems that similar Christmas decorations in Paris are accepted and widespread on Commons. Thus I don't see any problem with this picture, until some specific references are given -- Basile Morin (talk) 03:55, 29 December 2018 (UTC)[reply]
  • It is not the light of the Eiffel Tower which is protected, but a light show, which included video and fireworks. There is no copyright on light, and any simple decoration. Regards, Yann (talk) 10:07, 29 December 2018 (UTC)[reply]
  • It is the light of the Eiffel Tower, which is protected. Since 1985. Today you want to take the picture of the Eiffel Tower by night, you have to pay for the rights (source, in French : "Ces éclairages sont considérés comme une création de forme originale et sont donc protégés par le droit d’auteur.") Greetings -- Basile Morin (talk) 11:49, 29 December 2018 (UTC)[reply]
  • Which court decision are you talking about ? The text says there has never been a court. Also says "The Société d'exploitation de la tour Eiffel (SETE) states that the various illuminations of the tower are trademarked and claims that they are under copyright". Same than the blog linked above and written by lawyers. Read also the section The Eiffel Tower Copyright from the article Do Night Photos of the Eiffel Tower Violate Copyright ? : "The artistic lighting is not in the public domain". And in the section The Practical Side of Copyright Protection : "Having a copyright does not require that an artist enforce it. The rights can be used in any way the artist wishes." Never any court decision. But not a good idea to start to infringe. However, for this picture here nominated, I don't think these illuminations are protected like the Eiffel Tower -- Basile Morin (talk) 12:09, 30 December 2018 (UTC)[reply]
Confirmed results:
Result: 9 support, 1 oppose, 0 neutral → featured. /--A.Savin 13:31, 2 January 2019 (UTC)[reply]
This image will be added to the FP gallery: Objects