In February of last year we published this warning: “The simple act of photographing or videotaping a funny animal in, for example, Yellowstone, and then posting it online may once again be illegal just because a permit was not obtained beforehand.” One RVing couple ran afoul of the permit issue. They posted a YouTube video they shot on park service land. Their site was “monetized,” and the authorities hit them with a $1,000 fine. They were also banned from future shooting on park service land. National park photography requires a permit if you might make money on it. But that may all change if President Biden signs a new bill into law.
National park photography permits may be a thing of the past for the “little guy”
Last week the U.S. Senate passed the EXPLORE act, an acronym for Expanding Public Lands Outdoor Recreation Experiences. It’s the final result of many decades of work that apply to public lands. It covers numerous pieces that aim to support outdoor recreation on federal lands. Included in the EXPLORE act is a directive that will make it possible for the “little guy” to legally shoot still or video footage in national parks without having to shell out for a permit—even if the little guy makes a few bucks from that work.
Simply put, they will not require any more permits for “commercial” photography or filming, provided you meet some common-sense rules. According to a press release from The Foundation for Individual Rights and Expression, the proposed new law would allow permit-free shooting under these guidelines: “First, so long as the filming takes place where the public is allowed, doesn’t impact other visitors or damage parks resources, and involves five or fewer people, no permit is required. Second, no permit is required simply because the filmmaker intends to make a profit. Third, no permit is needed to film activities that are already allowed in the park. And fourth, the EXPLORE Act makes clear that when the National Park Service has already approved an event like a wedding to take place in a national park, no additional permit is needed to film or photograph the special occasion.”
‘Til death do us part—Did you get your permit?
The latter is of interest, as some couples who’ve elected to get married in their favorite national park will need a permit for the event. But if they were to hire a professional photographer or videographer to record the occasion, if the pro didn’t pay for a permit (read: if the couple didn’t pay), the pro could be liable for fines, and even a ban. No matter that they already have the special use permit for the wedding.
How is “Joe RVer” affected?
How will this play out for the average RVer? Suppose you head on over to Yellowstone National Park. You take your cell phone with you. While there, you see something unusual—maybe it’s an image of two bison arguing about territory. Your great video clip goes up on your YouTube site and people really enjoy it. You hadn’t expected to shoot it, but you make a few bucks. You won’t need to worry that you could get cited for not having paid out in advance for a national park photography permit.
Shoot suit could be moot
The timing of the EXPLORE act’s passage is interesting. EXPLORE passed the Senate the same week that two commercial photographers filed suit against the Park Service to overturn, in their words, NPS’s “unconstitutional permit-and-fee scheme that charges Americans for the right to film in public spaces.”
Alexander Rienzie and Connor Burkesmith filed suit against the National Park Service and the Grand Teton National Park. The two are documentary filmmakers and photographers who applied for a permit earlier this year. They wanted to film Michelino Sunseri’s attempt to break the record for the fastest climb up the Grand Teton. The two shelled out a $325 application fee for the permit. But the Park Service denied their request—and kept the fee.
Rienzie and Burkesmith decided they’d go ahead and shoot the event anyway. They found themselves in the middle of a Park Service investigation. They also got a warning that if they sold their footage, they could face criminal charges. President Biden could easily make their suit moot if he signs off on the EXPLORE act, as he is expected to do. National park photography could soon be a permit-free activity for the common Joe.
##RVT1189b
Wow! Everyone takes pictures in National parks and always have. My twin sons each have about 40 years in multiple locations as rangers and management in the National Park Service. They knew I never posted any photos and never mentioned the licensing requirement of which I was ignorant.
Did everyone, or you, monetize the pictures (make money off them)? That is the difference. I agree with the Park Service on this. If you plan on making a dime on your pictures or videos, you have to get a permit. We don’t need a bunch of Yahoos doing stupid things just to post it on “anti-social” media and make money of them.
A voice of reason
Ya, what he said. The fools need controls to protect the innocent.
Here is a great example of the myth of public lands/ownership. We don’t own, the government does and we’re subject to their silly rules.
I love all the “It’s our land” hypocrisy. What they really mean is they get to abuse the land however they want and to heck with the other 300 million owners. If someone is making mint off land I own, I expect to be compensated. I’m sick and tired of going out to land which “I own” and finding that another “owner” decided it was a great place to dump their trash and dig an improvised outhouse.
I never knew of the “rules” before either! I can understand “commercial” abuse, and like and can abide by the rules the Senate has come up with as it covers the average person. I’ve taken a number of pictures over the years and included a few in my blogs. I’ve never sold any of them, but have allowed them to be reproduced. Being “public land”, it never occurred to me that I would need a any kind of a permit to take a picture!
The rules should also say that if you don’t get a permit, then you can’t copyright anything you film.
All commercial activities in NPs need to be regulated including “little guy” filming ventures. 99% of us seek beauty not income.
100%. These places are already over run with these dopes. They’re everywhere now, you can tell they never spent a moment outside till instagram was invented. It’ll being far worse than ever.
Thank you, Russ and Tina! I bet you enjoyed writing that last sub-heading as much as I did reading it. Thank you for the chuckle and broad smile it elicited! Happy new year and safe travels! 🙂