I don’t often dabble in current events here except for those which directly affect me and my business. I prefer to keep things that way. However, this piece of news (while not affecting me as a photographer directly) is incredibly important to a sister field of my photography: videography. So, I felt this is worth sharing. Let’s talk about commercial filming in the national parks.
One commentator on YouTube brought up a recent federal court case regarding filming in US national parks for commercial purposes. The National Park Service has been charging for a permit to film in any NPS location if you intend to use the footage for commercial purposes. If you don’t get the permit and they find out, they will fine you for the violation. This court case addresses that very rule and whether or not it is constitutional (in keeping with the US Constitution). The federal judge assigned to the case found that the licensing fee rule was not in keeping. So, the judge suspended the NPS’s ability to issue such licenses and collect such fees/fines.
Now, obviously, as a professional photographer, this particular rule doesn’t affect me. However, there are some interesting points in this discussion to bring out. Should someone with their smart phone video camera be charged a commercial license for a very non-disruptive video intended for commercial purposes? What about drones? Do I want to go to a national park site and listen to the buzzing of an overhead drone? Should drones be allowed in geothermally active sites like Yellowstone National Park or Hawaii Volcanoes National Park? Should drones even enter into the debate?
There’s a lot to think about with this court decision if you’re in a similar position to me. Whether or not this ruling will continue to be in force will depend upon what the appellate court decides to do. Of course, this depends upon if the defendant appeals the case (which they probably will). As this could also have a bearing on me (as a professional landscape photographer) down the road. Meaning, I think I’ll pay a bit more attention to this case. So, for now, commercial filming in national parks is unrestricted.