Be Careful Who You Photograph in National Parks
2007-10-06 by stonieorl99
A few weeks ago, I was issued a citation in a national park for photographing a model without a permit. The offense was "failure to obtain permit," 36 CFR 1.6(g)(1); the citation did not mention the law or regulation that actually required the permit. The citation imposed a $150 fine, and required a mandatory court appearance. I might have contested the charge, but the court appearance would have been in Salt Lake City, Utah, and I live in Florida. The ranger took my camera, tripod, and three exposed rolls of film. I was not rude or uncooperative. As a matter of fact, he said if I had not been so cooperative he would have made it a lot worse on me. After talking to his supervisor, he did return the camera and tripod the next day, but kept the film as evidence. He was very courteous, and when we began to chat about it, it came out that the real reason he issued the citation was that my model was nude. Although nudity is legal in national parks (as the ranger himself admitted), he didn't approve personally, and this was the strongest citation he could find to issue. By the way, he gave the model the same citation that he gave me, imposing a $150 fine and requiring a court appearance. He stated that if I decided to fight the citation, "community standards" would come into play and I would for sure loose the fight (He kept my film to prove my shots were not up to "community standards"). He also said if I had applied for a permit I would have been denied because of the same "community standards." I shoot art nudes, sometimes in landscapes. None could possibly be considered pornographic or distasteful. All the shots on the day I was cited had the model framing the landscape; all that was visible was her back or side as she looked out over a canyon, and most people would have to look twice to even notice her in the image. By the way, we were in a remote area early in the morning. No one had complained. The ranger apparently had seen us as he made routine early morning rounds through the park. It seems the citation was issued solely because of the ranger's personal tastes and his interpretation of "community standards." I looked at the NPS web page for permits for Commercial Filming and Still Photography at http://home.nps.gov/applications/digest/permits.cfm?urlarea=permits, and noticed that photography in national parks requires a permit when; "the activity uses model(s), sets(s), or prop(s) that are not a part of the location's natural or cultural resources or administrative facilities" There are no definitions of any of these terms, so it is not clear who is a "model." Looking at the fee schedule at the bottom of the web page, it does not even appear that a permit is needed for still photography involving only a camera and tripod and 12 people. After seeing this, I wish I had been able to fight the citation, but I simply could not afford the time and expense. NOW TO THE BOTTOM LINE. I just learned that there is a proposed rule formalizing the permit requirements for lands administered by the Bureau of Land Management, the U.S. Fish and Wildlife Service, and the National Park Service. Reading the proposed rule, especially after my recent experience, I am concerned that a "model," "set," or "prop" may be interpreted to mean whatever a particular ranger wants it to be. Perhaps a "model" could even include a photographer's spouse, son, daughter, and dear ole Mom if the ranger disliked something else the photographer was doing. With my delay shutter release, I could have also been a model. [Although not one I would want in my images.] Would my model and I have been cited if she had not been nude? I have seen suggestions on several forums for definitions of "model" and "prop" to be added to the rule: Model means a person who poses for filming, photography, videotaping, or recording by other means for the purpose of promoting the sale or use of a product or service. A commercial-professional model. Prop means an object such as a vehicle, boat, article of clothing, food and beverage product, or other commercial article filmed, photographed, videotaped, or recorded by other means to promote its sale or use. These seem to be reasonable definitions; had they been in effect, neither my model nor I would have been cited. The proposed rule was published in the Federal Register on August 20, 2007. The description of the rule can be obtained from the GPO Access web site at http://www.gpoaccess.gov/fr/index.html; search for "filming". The relevant result is fr20au07P. I submit this for your information, and encourage you to submit comments on this proposed rule change. I personally think this something every American should be concerned about and especially every photographer. If you wish to submit a comment re these definitions, the time is short: the rule is open to public comment only until October 19, 2007. Again. http://www.gpoaccess.gov/fr/index.html; search for "filming". The relevant result is fr20au07P