Olympic Rings on the Eiffel Tower: Navigating the Legal and Moral Controversies

Olympic Rings on the Eiffel Tower

The successful organization of the Paris Olympic Games, which garnered global recognition, has led to discussions about the future of the Olympic rings displayed on the Eiffel Tower. The possibility the Olympic rings will remain in place on the Eiffel Tower until the Los Angeles Games in 2028 or even longer was raised, if not publicly announced. This thought has sparked debate, drawing feedback, some positive and some negative, from the public, lawmakers, conservation groups, and even descendants of Mr. Gustave Eiffel, the architect of the iconic tower.

While there are evidently aesthetic concerns surrounding this proposal, this article aims to look at its legal considerations.

The owner of the Olympic symbol

Pursuant to the byelaws set out in the Olympic Charter, rules 7-14 state the following:

  • An Olympic designation is any visual or audio representation of any association, connection or other link with the Olympic Games, the Olympic Movement, or any constituent thereof.
  • 1 The IOC may take all appropriate steps to obtain the legal protection for itself, on both a national and international basis, of the rights over the Olympic Games and over any Olympic property.
  • 2 The Olympic symbol, the Olympic emblems and any other Olympic properties of the IOC may be exploited by the IOC, or by a person authorized by it, in the country of an NOC (National Olympic Committee), provided that certain conditions are fulfilled.
  • 3 The IOC, in its sole discretion, may authorize the broadcasters of the Olympic Games to use the Olympic symbol, the Olympic emblems of the IOC or other Olympic properties of the IOC and the OCOGs to promote the broadcasts of the Olympic Games.

This indicates clearly that the Olympic symbol belongs to the IOC, which has exclusive power over its use. Accordingly, its authorization is required for the rings to stay in place. It’s hard to imagine an announcement being made if such authorization had not already been granted.

The owner of the Eiffel Tower

While the Eiffel Tower was initially conceived by Gustave Eiffel, ownership was officially transferred to the City of Paris in 1909. This transfer included not only the material aspects of the structure but also the economic rights associated with its financial exploitation. Typically, economic rights to artistic works are upheld for the lifetime of the creator plus 70 years posthumously. This rule remains true even in the case of property transfer. Gustave Eiffel passed away in 1923, meaning the economic rights have long expired, thus placing the tower itself in the public domain. That being said, certain uses of a work (such as adaptations or derivative works) might still be subject to other legal considerations. This happens to be the case for the night-time illumination design for the tower. Therefore, while images of the Eiffel Tower taken during the day are free to use, night-time images featuring its illumination design are subject to copyright, with the majority of these rights (99%) being held by the City of Paris through the public company SETE.

Moral Rights

Beyond tangible ownership and economic rights, moral rights are notably well-established in French law, safeguarding the creator’s personal connection and reputation linked to their work. Such rights are perpetual and non-transferable, meaning they remain with the creator or their heirs indefinitely. Gustave Eiffel’s descendants retain the moral rights to the Eiffel Tower, leaving an open path for them to contest any alterations to the structure they perceive as damaging to its integrity or reputation. It could be argued that the recent addition of the Olympic rings to the tower could potentially trigger these moral rights, as many people have expressed this opinion over the past several weeks.

Public Domain and Contemporary Concerns

Ordinarily, during the day, the Eiffel Tower is considered public domain, and people can freely take and disseminate pictures without restrictions. However, the installation of the Olympic rings poses a unique challenge. The International Olympic Committee (IOC), renowned for rigorously safeguarding its intellectual properties, would likely not permit unrestrained commercial use of images featuring their emblem. The long-term presence of the rings on the Eiffel Tower would deprives everyone of free use of a significant Paris landmark. This protective stance creates a tension between the rights over the public use of the Eiffel Tower and the IOC’s propriety concerns.

Conclusion

In theory, Gustave Eiffel’s heirs could invoke their moral rights to argue against the Olympic rings’ presence on the Eiffel Tower. However, the outcome of such legal confrontations remains speculative. It might be more straightforward for the IOC to instruct the removal of the rings following the conclusion of the Paris 2024 Olympic Games. This would kill two birds with one stone, as it would also solve the issue of ambiguity over the use of the image of the landmark monument. With public criticism growing, the resolution to this debate will be an interesting development to follow.

Our team of legal experts and attorneys will guide you through complex process involving intellectual property right (IPR). Feel free to reach out to us at contact@alatis.eu for assistance.