Check this out. The Eiffel Tower’s website specifies that the nighttime Eiffel Tower is protected by copyright, therefore all nighttime pictures of the famous tower that are not licensed are infringing copyright. I have done some research and it seems like the Société Nouvelle de la Tour Eiffel (SNTE) claims that the new light arrangement in the tower is a work of art, and therefore subject to copyright. Their FAQ states that:
Q: Is the publishing of a photo of the Eiffel Tower permitted?
A: There are no restrictions on publishing a picture of the Tower by day. Photos taken at night when the lights are aglow are subjected to copyright laws, and fees for the right to publish must be paid to the SNTE.
My guess is that they are really interested in the post card market, and it is just another way of squeezing money out of the tourists. I will infringe with the image to the left and see what happens.