No permits required to film in national parks judge rules

[Huntnnw]

What does this mean for national forest, public and blm now? Hoping this is a stepping stone getting rid of the ridiculous permits to film hunts.

YouTubers Can Now Film in National Parks Without a Permit

Huge win for YouTubers looking to film content in national parks! A federal judge ruled it unconstitutional to require a permit to film.

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[Rob5589]

Interesting, had no idea.

 

[Huntnnw]

People making money off these films hunting had to put in permits for areas they were hunting and couldn't film outside of the permitted areas and dates. Old outdated laws that need changing. Almost every single outdoorsman has a capable filming device in their pockets theses days versus 40 years ago nobody did

 

[Idaho Brad]

Unless a person is going to film a hunt in a national park, it means nothing. If a person wants to film a hunt and not try and make money or plug sponsors on the video, you don't need a permit to film on public land. If a person plans to benefit from it, get a permit.

 

[Dos Perros]

I don't get the boo hoo permit folks. Outfitters on public land need permits. Miners need permits. As far as I'm aware the most prominent commercial users of public lands do so with a permit. Why should commercial filming be any different?

 

[Huntnnw]

its not commercial filming when every hunter has that ability with a phone in pocket. The law was made for hollywood and big production and intruding on to the landscape with sometimes hundreds of people, equipment etc. Far different times now and that law is far outdated

 

[Huntnnw]

Unless a person is going to film a hunt in a national park, it means nothing. If a person wants to film a hunt and not try and make money or plug sponsors on the video, you don't need a permit to film on public land. If a person plans to benefit from it, get a permit.

does mean something that ruling is setting a precedent for things to come

 

[twall13]

I feel like anyone using public lands to make a profit should pay into the system to help with conservation. The lands are set up for multiple use and the other users making a profit have to pay to operate. I don't think it should really be all that different for Youtubers, etc. That said, I do agree that the system in place now is a little ridiculous and in need of an overhaul. As I understand things, it's a difficult, time consuming process to get a permit and it's not cheap. For a youtuber with one or two cameras being a non-consumptive user I think it should really be a simple process and a nominal charge to get a permit. All that said, I won't claim to have all the answers as enforcement wouldn't be easy or simple, especially when you consider that anyone can already film freely if it's for personal use and not for profit.

 

[Dos Perros]

its not commercial filming when every hunter has that ability with a phone in pocket. The law was made for hollywood and big production and intruding on to the landscape with sometimes hundreds of people, equipment etc. Far different times now and that law is far outdated

If someone is profiting off of it, it's commercial filming and should be regulated the same as any other business that profits off of the public resource. I don't think the fees should be exorbitant or cause an undue burden, but it should be regulated/taxed.

 

[gbflyer]

Unless a person is going to film a hunt in a national park, it means nothing. If a person wants to film a hunt and not try and make money or plug sponsors on the video, you don't need a permit to film on public land. If a person plans to benefit from it, get a permit.

I suspect the NPS enforcement folks would LOVE for someone to film a hunt in the NP and put it up on YouTube. Talk about a slam - dunk collar

 

[Idaho Brad]

its not commercial filming when every hunter has that ability with a phone in pocket. The law was made for hollywood and big production and intruding on to the landscape with sometimes hundreds of people, equipment etc. Far different times now and that law is far outdated

Not illegal to film for fun on public land. Never has been. For compensation via money or product of any sort does and should require a permit.

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[Idaho Brad]

does mean something that ruling is setting a precedent for things to come

Maybe. Maybe not. Gotta pay the toll if you want the roll.

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[Idaho Brad]

I suspect the NPS enforcement folks would LOVE for someone to film a hunt in the NP and put it up on YouTube. Talk about a slam - dunk collar

Yes. Someone will do it and suffer the consequences.

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[Elkangle]

Does a wildlife/landscape photographer need a permit if they sell prints ?? What if nobody buys them ?? Just curious..not playing an angle

I also believe if your profiting from the land you should give back but it's hard to know where to draw the line...is gritty making profits ? He seems to be living well..which is awesome...but its hard to determine how much his films contribute to that..

Tough case

 

[Newtosavage]

Unless a person is going to film a hunt in a national park, it means nothing. If a person wants to film a hunt and not try and make money or plug sponsors on the video, you don't need a permit to film on public land. If a person plans to benefit from it, get a permit.

Correct. It's a commercial use permit. Just like other commercial uses.

Pay attention folks.

 

[gbflyer]

Yes. Someone will do it and suffer the consequences.

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Especially since hunting is not permitted in a National Park.

 

[razorsharptokill]

Good news for David Pallides of the Canam missing 411 project. Lots of hunters have gone missing under very mysterious circumstances. Very interesting channel.

YouTube

www.youtube.com

 

[mdkelley]

Does a wildlife/landscape photographer need a permit if they sell prints ?? What if nobody buys them ?? Just curious..not playing an angle

I also believe if your profiting from the land you should give back but it's hard to know where to draw the line...is gritty making profits ? He seems to be living well..which is awesome...but its hard to determine how much his films contribute to that..

Tough case

In some cases, yes, they need a permit before taking any pics. BLM law is the same as the NFS laws.
When do I need a film permit? | Bureau of Land Management (blm.gov)

Your statements kind of hit the nail on the head. How do they determine where to draw the line. This is really just one of the many cases of where technology has changed, and the laws need to keep up. The laws were updated a few years back, but apparently there was still too much left to interpretation. This is the main portion that relates to those making a living from a youTube channel:

For purposes of this definition, creation of a product for sale includes a film, videotape, television broadcast, or documentary of participants in commercial sporting or recreation event created for the purpose of generating income.

The people who were being fined look to be making some of their income off their youTube channels, or trying to, for the most part. The law rewrite a few years ago emphasized that the point of the law was to protect the land/resource, not to prevent people from taking pictures or video. This has actually been a hot topic in video and photography circles for a couple decades now.

It is kind of like how illuminated reticles in scopes were illegal for big game hunting in Idaho for some time. The laws eventually were updated to align with the realities of modern sporting technologies but there were most likely a few people who didn't pay attention to the law and got burned. Now, the range finding and automated ballistics compensating scopes that are becoming popular are still illegal in ID (for big game hunting) but you can hunt with a battery or tritium powered reticle if you want. I would be willing to bet there are guys using those new ranging/ballistics scopes that never even thought to check the local laws before heading out to fill their tags. Some of them may even be posting incriminating videos to youTube for all to see!

I agree that people or corporations should not be able to profit at the expense of the land or interfere with the general public's ability to use the land (closed film set etc.), but I am not so sure someone shouldn't be able to take a video of their vacation and post it on the web without fear of getting a fine or jail time.

 

[S.Clancy]

I suspect the NPS enforcement folks would LOVE for someone to film a hunt in the NP and put it up on YouTube. Talk about a slam - dunk collar

Especially since hunting is not permitted in a National Park.

You realize you can draw a tag and hunt for elk in a portion of Grand Teton NP?

 

[gbflyer]

You realize you can draw a tag and hunt for elk in a portion of Grand Teton NP?

Did not realize. Cool!