On a related note, it is illegal to take a picture of the Eiffel Tower at night but NOT during the day[0].

It's the lighting system and its 'likeness' that cannot be reproduced. A brief search and I don't think anyone has been prosecuted[1]. There are plenty of pictures everywhere that probably don't have proper licensing. Perhaps those who want to use it commercially can get permission relatively easily?

[0] https://www.youtube.com/watch?v=M16CGK1T9MM [1] https://www.snopes.com/fact-check/photographs-of-eiffel-towe...