We were alerted yesterday via the Art Law Blog that the U.S. Department of the Interior is gearing up to change motion and still photography rules on federally run lands. In an amendment to current regulations, three DOI agencies, the Bureau of Land Management, Fish and Wildlife Services, and the National Park Service, will be authorized to charge standardized fees to and require a permit from commercial photographers who want to shoot in an area under their charge.
Some people aren't so thrilled about the change, including the Society of Professional Journalists, which has drafted a letter protesting the amendments. The letter, signed by 18 other organizations, expresses their "strong concern over the possible negative impact of the proposed rule on the First Amendment rights of a free press."
As we all know, D.C. is riddled with federal land, particularly under the NPS. Rock Creek Park, Meridian Hill Park, the National Mall, and a host of others fall under their domain. And on the regulation's face, the intent seems something we can all get behind: to protect our national treasures from destruction by large filming crews and the complicated and heavy equipment that might accompany them. Much like restrictions on equipment such as snowmobiles, most of us would likely agree that some rules regarding how we use our public lands are justified, at least if we want our great great grandkids to see them the same way we have.
The concern of the SPJ and others, however, is the vague definition of "commercial." Will documentary filmmakers working with tiny budgets be required to pay for permits? Who qualifies under "news"? And worse yet, even if a crew is considered to be news, they won't need a permit, but will be "subject to time, place, and manner restrictions," again to protect the safety of the land and visiting public. Raise your hand if you like vague government restrictions about how the press can cover public issues.
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