Above: National Park photography by Edward Fielding
Many photographers heading out to capture images in National Parks with the intent of selling some of the images commercially have taken pause at the permitting language on many National Park websites.
Here is an example from the Yellowstone National Park website:
“When filming, photography, and sound recording activities occur in national parks, they must be consistent with the protection of park resources and avoid conflict with public use and enjoyment of the park.“
That’s the mandate. Do no harm to the park or the enjoyment of others using the park. Common sense dictates that setting up a big film crew blocking roads, crowding trails, scaring animals or buzzing fly fishermen with drones would be downright rude and inconsiderate to others as well as require resources from the park service such as traffic control officers.
Here are the complete list of permit requirements: https://www.nps.gov/yell/planyourvisit/filmpermit.htm
You could imagine the filming of a car commercial or a fashion shoot with multiple assistants holding up reflectors, a makeup tent and wardrobe van interrupting the regular flow of hikers and wildlife.
But the park service went further trying to tap into any commercial monies made by filmmakers and photographers such as stock photography and bloggers with a simple GoPro camera on a selfie stick.
Since the new rules went into effect overzealous park officials have fined people for filming without a permit. Again common sense would dictate that Federal lands are paid for by citizens tax dollars and entrance fees and as such the visitor should be able to engage in whatever activity they want be it fishing, hiking, boating, biking or taking pictures and filming as long as they aren’t bothering the landscape, animals or other users.
Fines have been issued but park officials have backed when those fined threatened to sue. Finally, a case went to court and the Federal Judge ruled for those who wish to film in National Parks.
National Park Service Can’t Require Permits and Fees for Commercial Filming, Judge Rules. A D.C. federal judge found it’s an unconstitutional content-based restriction on free speech to make filmmakers pay to shoot in national parks just because their work is commercial.
Hollywood Reporter
Common sense would dictate that activities can’t interfere with the animals (like you can’t get within x feet of a buffalo or feed the bears), destroying the landscape, buzzing people with a drone or blocking roads by filming a car commercial with film crews — but Vloggers and people with a single GoPro were getting fined.
The parks were trying to cash in on commercial photographers/film makers – no more!
