The Duration of Copyright: What’s the relationship Between the Eiffel Tower and Lennon/McCartney?

2 May, 2024
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Intellectual property
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Lucas Charnet


Every now and then, in the pages of newspapers, one can find unnoticed news headlines like “Mickey Mouse enters the public domain” or “The heirs of Munch’s ‘The Scream’ will no longer receive royalties for the famous painting.” All this revolves around one single question: How long do the copyrights of a work last? That is, until when can the author and/or their heirs receive income from that work? In this article, we will analyze these aspects and some curiosities that you probably didn’t know.

How many years do the copyrights of a work last?

The intellectual property law is quite clear on this point: the exploitation rights of the work will last the author’s entire life and seventy years after their death or declaration of death. That is, regardless of when the author created the work, they will have rights to it throughout their life, and their heirs can enjoy the benefits for another 70 years. At that point, it will enter the public domain. This means that, from that moment on, anyone can use and exploit it without having to ask permission from the rights holders, as long as the authorship and integrity of the work are respected. But beware, because depending on the type of work and its author, this term may vary.

Collaborative or co-authored works: the Lennon/McCartney case

Although over the years, each of these two Beatles has been attributed the initiative for the songs, all the repertoire they created together while in the Liverpool quartet was signed jointly. For example, it is known that “Yesterday” came to Paul McCartney in a dream and its first title was “Scrambled Eggs,” or that John Lennon composed “Across the Universe” or “Strawberry Fields Forever” under the influence of some substance, if not suspicious. However, the signature of all these songs, some of the most famous in music history, was joint authorship.

Due to Lennon’s death in December 1980 and Paul McCartney still being alive, one might wonder: what happens to John’s rights? Will they expire in 30 years when 70 years after his death are completed? The answer is no. Since, in cases of co-authorship or collaborative work, the rights will last the entire life of the co-authors and seventy years from the death or declaration of death of the last surviving co-author.

In the case of John Lennon, there is the paradox that the oldest songs, that is, those he composed as a Beatle in co-authorship with Paul McCartney, due to the latter being alive, the copyrights will last much longer than the songs he wrote later solo, like ‘Imagine’ or ‘Jealous Guy’, since the 70-year calculation is underway from the moment of his death.

Collective works

And if instead of two authors, a work is created by 15 or more? Or what if the author is a legal entity? The paradigmatic example is that of an encyclopedia, where a publisher commissions 30 academics to write a specific concept or section. In these cases, the Intellectual Property Law establishes that the exploitation rights of collective works will last seventy years from the lawful disclosure of the protected work.

Other Types of works

So far, we have seen the duration of rights for original creations with different types of authors, but what about other types of work such as artistic performances, musical phonograms, or photographs? Well, their duration will not be the author’s lifetime plus seventy years after their death but the following periods:

Rights of artists and performers – 50 years from January 1st of the following year of the performance or from the lawful disclosure of the recording of said performance.

Rights of phonogram producers – 50 years from the following year of its recording or from the lawful disclosure of said phonogram.

Rights of producers of audiovisual recordings – 50 years from January 1st of the following year of its first fixation or from the lawful disclosure of said recording.

Reproduction, distribution, and public communication of mere photographs – 25 years from January 1st of the following year in which the photograph or its reproduction was made.

The Case of the Eiffel Tower

With a defined legal framework, we must address one of the most curious cases regarding the duration of copyright; the case of the Eiffel Tower.

How is it possible that its author, Mr. Gustave Eiffel, died 100 years ago and to this day photographs of the famous monument at night cannot be taken? It may be surprising, as it’s enough to go to the vicinity of the Trocadero Gardens to see hundreds of tourists taking pictures and posting them on social media without any authorization. But the reality, largely unknown to most, is that it is currently prohibited to commercially use the nighttime image of the tower when it is illuminated.

The explanation lies in the fact that, although the monument became public domain 70 years after Mr. Eiffel’s death, i.e., in 1993, 5 years earlier, the famous yellow lighting that illuminates the tower at night was registered as an artistic work. This lighting is protected by copyright and, therefore, commercial use of the image of the Eiffel Tower while it is illuminated is prohibited.

Pierre Bideau designed and installed the lights of the Eiffel Tower in 1985, and French legislation recognizes his work as another artistic creation. Thus, the tower has indeed become public domain, but the spectacle it offers as soon as the sun sets, is not, and therefore, is protected by copyright. Additionally, France is one of the few countries that prohibits photographic capture of works in public places for commercial use, also known as freedom of panorama, which we will discuss in another article.

Conclusion

In summary, the duration of copyright is a complex issue that affects various forms of creative expression, from music to architecture. Through this analysis, we have discovered how the law protects works and how different situations, such as co-authorship or the nature of collective works, can influence the duration of these rights. Furthermore, cases like that of the Eiffel Tower show us how specific details can lead to peculiar situations within the legal framework of intellectual property. Ultimately, understanding these aspects is crucial for anyone working in the creative field, as well as for those wishing to use protected works, since knowledge of copyright is essential for legal and ethical use of protected material.

At MES Advocats, we offer comprehensive advice and support in the registration and management process of creative works, providing personalized and efficient service for our clients. Our experience allows us to offer a fast, tailor-made service with excellent results. If you need more information or are interested in obtaining a quote, do not hesitate to contact us.

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AuthorsIntellectual PropertyRegistre de la propietat intel·lectual

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