Who needs a Commercial Film Permit in a National Park - Still Depends
Filmmaker and producer Tom Opre films a hunting scene in central Montana. Tony Bynum Photography
Commercial Film Permits in National Parks and other Public Lands. Tom Opre Filmmaker. Tony Bynum Photography
Who needs a commercial film permit in a National Park? Well, for now, no one, concludes one federal judge, and now the National Park Service (NPS). As of February 11, 2021, the NPS website (confirmed by me in a message left on my phone by a representative of the NPS) no one needs a permit.
As of January 22, 2021, the National Park Service is no longer collecting application or location fees, or cost recovery for filming. NPS Website (confirmed by the NPS in a message left on my phone on February 11, 2021).
Remarkably, as of today, the NPS is NOT issuing or even asking for you to fill out a permit application. Wow. I’ll say it again, Wow!
Judge Colleen Kollar-Kotelly Rulling
Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia declared that the statute and enacting regulations that require those engaged in “commercial filming” to obtain permits and pay certain fees are unconstitutional. The court also found that the permit rules restrict speech in public forums, including the many National Park locations that are already considered traditional public forums such as the National Mall. The court found that the rules were content-based restrictions on speech, subject to strict scrutiny. Likewise, she found, the regulations and underlying reasons offered by the government—namely obtaining a “fair market” payment on top of any administrative costs—do not meet that scrutiny. “The government may not impose a charge for the enjoyment of a right granted by the federal constitution, including the First Amendment right to free expression.” Judge Kollar-Kotelly wrote.
"Mr. Price’s filmmaking at these parks constitutes a form of expressive speech protected by the First Amendment," she writes in the opinion, adding "the creation of a film must also fall within the ambit of the First Amendment’s protection of freedom of expression. To find otherwise, would artificially disconnect an integral piece of the expressive process of filmmaking."
The Judge said that her ruling applies to National Wildlife Areas and public lands administered by the Bureau of Land Management. Her final statement leaves room for a new permit and fee system possibly based on other criteria.
In issuing this injunction, the Court observes that a more targeted permitting regime for commercial filming, which is more closely connected to the threat posed by large groups and heavy filming equipment, may pass constitutional muster in the future.
You can the entire decision here: Judge rules film bill unconstitutional.
How does this apply to the Department of Agriculture - Forest Service?
This is a hard question to answer directly. I can tell you that after my recent call with a Forest Service supervisor they told me “we’re looking into it, and are not sure how it’s going to affect our permit program.” My guess is that the USFS special use permit program WILL be affected and will be reworked.
What NOW?
Going forward:
I recommend anyone engaged in commercial filming call their local park service, BLM or National Fish and Wildlife Service office for the latest. I suspect at some point there will be a new permit system for commercial filming in National Parks and other federal public lands.
I also recommend that if you’re planning a shoot on Department of Interior lands (BLM, NPS, FWS), you do your level best to follow all other rules and regulations. I would avoid filming in popular/busy locations and I would do everything I could to avoid displacing wildlife, other people, damaging any resources, and absolutely DO not trespass!
Call your senator and representative and tell them you heard about the ruling and you would like to know what they plan to do. Ask them to please look into it, and better,
I can’t tell you what to do if you have content already in the can that you captured without a permit.
Current Film Permit Podcast - Tony Bynum and Brian Call a.k.a, “Gritty.”
Tony Bynum and Brian Call discuss Filming on federal Public lands and the recent federal judge’s ruling that current film permits and fees are unconstitutional and issued an injunction.
Other sources
The National Press Photographers Association (NPPA) has been leading the legal charge on changing the federal permit program. I found its article helpful and interesting to read. And the Kurt Repansheck over at the National Parks Traveler sight did a great write up as well.
Large Tripod FEISOL CT-3372 M2 combined with the old CT-3371 - old meets new for a working photographers hybrid long lens tripod
Combining the Feisol CT-2271 with the CT-2272 M2 to create a hybrid Feisol tripod, old meets new for 2020
The new CT-3372 M2 combined with the old CT-3371 legs, and old leveling cup with base plate. The cup and tripod are new, and carbon legs and leveling base are off the old CT-3371. ©tonybynum
The hybrid Feisol CT-3372 M2. The rescued legs and leveling base from the original CT- 3371 combined with the new Feisol CT-3372. Why, how, and how much?
Why Feisol
I purchased the original carbon CT-3371 Feisol Tripod legs back around 2006 or so. At the time, Feisol wasn’t well known, in fact, they didn’t even have a US dealer yet so I ordered it direct from Taiwan. I was looking for a carbon tripod that would hold large, heavy 5oo, and 600 mm f4 lenses attached to full-size professional DSLR bodies.
I decided on the Feisol CT-3371 for its lower price point. Keep in mind that back in 2006 carbon fiber tripods were NOT inexpensive! My plan was to use it in the wet, salty mash for duck photography and rather than take the chance of wrecking a $2000 tripod I was going to dedicate this tripod to the marsh. I reserved my more expensive tripod for land and clean water, and went ahead and took my chances with a tripod selling for a third the price but still, carbon and built stout enough to hold safely 25 lbs. I equipped the Feisol with a leveling base and spiked feet (both at additional cost). I don’t recall the price but it was less than half what the big brands were charging at the time.
Breakage and Repair
Over the course of a few years, I managed to break the leg collars. The cast aluminum is not strong enough and too much pressure will break the casting. In 2009 I sent the unit back to Feisol for repair. I had broken two of the top leg locks and needed them repaired. Breaking the top leg locks is not uncommon especially when you’re putting the legs deep into snow, mud, or sand. I’ve broken the same parts on the more expensive and supposedly better built Gitzo units too and it’s not cheap to fix, plus you’re out for a bit while it’s being repaired.
The results of too much pressure on the top of the tripod while pushing the legs into the mud or snow. The cast aluminum is not strong enough to take the pressure. All three leg locks eventually broke. ©tonybynum
As you can clearly see, all three of the top leg sleeves broke out. This view is the top of the tripod where the legs are attached to the center collar. In this image, the center piece (leveling base in this case) has been removed and the tripod is sitting legs spread out flat. Notice, one pin and the springs are still in the top sleeve (top center of image), the pin and springs will eventually fall out. Needless to say, the tripod is hard to operate when there are not leg locks! ©tonybynum.com
Feisol fixed the tripod for a price, then sent it back. I took it back out and by 2018 I had broken all three top leg collar locks again. At this point, the tripod was almost useless to me. So, after the spring waterfowl season, I emailed Feisol and asked about getting the tripod fixed. Feisol said $85 to fix it with OEM parts and send it back. With shipping on my end, it was about $100 bucks, seemed reasonable to me so I boxed it up and mailed it.
After a few more emails back and forth with Feisol (their customer service was fantastic), I asked if they had a stronger center support piece. Much to my surprise, they said yes and for about $60 more I could have them put a machined billet aluminum top collar on the old legs and update the leveling base plate. I said go for it.
The result us the older CT-3371 legs with the new CT-3372 M2 solid machined aluminum top collar and leveling plate bowl insert. The following images illustrate the pieces and the combination of parts to make the hybrid unit, plus a shot of the tripod with the King Cobra gimble head.
Unboxing the Hybrid CT-3371 CT-3372 M2. Nicely wrapped.
The new tripod with the CT-3372 M2 collars and the old CT-3371 legs.
The new leveling bowl that will replace the flat plate and quarter twenty threaded bolt. There are three small hex key bolts to remove then the plate. The leveling bowl replaces the plate and once the bolts are replaced, it fits securely into place.
The new top collar with bubble level, and plate. I’m removing the allen head bolt so that I can replace the flat plate with the leveling bowl.
The new leveling base bowl.
The new ball head plate removed, the new leveling base bowl, and the old bowl off the old collar.
The old leveling base. It will fit into the new leveling bowl.
The new old leveling base inside the new bowl.
Notice the angle of the leveling base. It’s not a lot of movement, but it’s enough to quickly level your gimbal head quickly and accurately.
The older head and the new sold aluminum base both have leveling bubbles.
The Kirk King Cobra gimbal head attached to the new hybrid Feisol CT-3372 M2 read for the marsh!
Old meets new. The Hybrid CT-3371 and CT-3372 M2 with leveling base and Kirk King Cobra gimbal (King Cobra is discontinued).
Summery & Conclusion
I’m happy with the results. For just over $150 bucks I was able to have a solid tripod. I was worried that if I went with the old cast aluminum I’d be back in another few years having it replaced again. This fix should now allow me to use this tripod for many years without breaking it. I still have to be careful to not put too much pressure on the legs when they’re in the mud or snow, but now I’m positive this new unit will last a long time.
As a professional photographer, customer service is important. Feisol helped me combine my old broken tripod with the newer components making for a better tripod in the end. It would be hard to find better customer service. They were quick to respond and willing to help find solutions and recommend alternatives. I gladly recommend Feisol to anyone looking for a reasonably priced, solidly built carbon tripod with great customer support.
Leave a comment or ask me a question. I’ll be happy to answer.
Tony
Are instagram likes worth more than cash? - why you Should think twice before giving your Photographs away to Backpacker Magazine.
Giving away your photographs for likes? Better rethink your business strategy.
A lone hiker on the prairie, Eastern Montana near Ekalaka. Shot on assignment for the Montana Wilderness Association.
I have been on the Backpacker photo list for a decade, maybe more (probably not after this post though). Backpacker Magazine always has amazing photocalls, probably some of the best in the business. The staff makes their photo calls very specific, they provide plenty of notice and even offer to help photographers develop their skills and plan photo shoots - impressive team for sure.
According to Wikipedia, Backpacker Magazine has been published since 1973 and is currently published by Active Interest Media based in Boulder, Colorado.
As far as I know, it was also the first to request GPS locations for all submitted photographs - seems to me that was about 2010 or so don’t quote me - I don’t know if they still are requiring location coordinates, because I stopped submitting to them once they instituted that policy.
The Email that did not shock the industry, but should have
On September 20th, 2018 a Backpacker Magazine email arrived in my inbox. I read it. It was announcing that Backpacker Magazine was going to accept free photos for its Instagram feed! (email pasted below). Yes, this was your opportunity to have your hard earned imagery used at no cost to you - except you already own the gear and went to whatever expense it took to get the photo in the first place, but I digress.
For a long time (by digital photography standards) the photography community has been worried, trembling may be the better word, that the value of their work is diminishing and will likely someday be worth only the applaus someone is willing to give it.
Well, for some, that day has come. If you’re in the adventure, outdoor, hiking photography business - which pretty much everyone below the age of 26 is these days, your time has arrived, your fears have come to fruition - even if you had not realized them yet!
Someday your photos might be worth more in “likes” than in cash. I got news for you, you can’t spend likes and more today then ever, digital marketing is more sophisticated and marketers and brands are on to likes, verse engagement. Even social media experts, the ones who have turned vudu for most of us, into a science, will tell you that likes are not worth much, and are going to continue to be worth less.
Just have a list to my friend Huntz Colburn and Brad Luttrell on the Restless Native Podcast talk about digital marketing. If you want to hear the latest on influencer marketing, listen to Joshua Claflin and Brad talk about the present and the future of influencer marketing here on the restless native podcast.
What has value is engagement, not likes, but real, authentic back and forth engagement. The kind of engagement that you might get if your work is shared and discussed on YOUR own page.
Let’s look at this in more detail. What would you give Backpacker Magazine? Your best work because of its huge audience? What happens when you give your best work away and it gets a few thousands likes and you get one new follower? What did you just earn for your best work? You mean your work is good enough for the backpacker instagram page but not for the cover of its print publication?
Okay, so here’s another option. How about your “B” roll? Most of you don’t create “B” role, at least I hope you don’t call it that, because you’re the “A” shooter, right? So, if you’re the “A” shooter, why would you consider giving away “B” work for free and to be placed on the Backpacker instagram page? See what I mean? Just the fact that you agree to place your “B” work someplace makes you the “B” shooter. The the best marketing strategy I’ve heard in a long time - sarcasm.
You’ve decided to give away your “B” roll, or maybe said a better way, trade it for likes, why do you think Backpacker would choose to use it? Why take the time? Is it to get noticed and maybe sell them a file for their print magazine? If that’s it, you’ve already received their email notice and get their submission requests so they know your work. Why is your work not going in the print publication and why are you not making money selling it to them? Do you think now that you’ve given it to them for free they are now going to start buying your work? Why would they buy the cow when they get the milk for free?
There might be more reason to consider sharing your content with them if they had engagement or if you stood a chance and getting something real, tangible, something that will help you build your brand.
Likes are not real, engagement and building your relationships are.
Maybe more importantly though is back to the idea of engagement. I know some guys on instagram (I said guys becuase I mostly follow guys so that’s what I’m familiar with) that have 3,000 followers and literally get 100’s of comments. Their engagement is huge by comparison.
Take a look at @backpackermag. I just checked this morning. 521,000 followers. The second post on the feed is beautiful, about 4,000 likes, but ONLY 12 comments and two of them are by their social media person. What’s going on? Is that the audience you want?
Think about it. Of the over HALF A MILLION people following backpacker ONLY a dozen comment? Again, I ask you, are the backpacker followers the ones you want THEY DONT EVEN ENGAGE the brand why would they all of sudden follow you after you give your best work away to Backpacker?
Maybe you choose to give over your finest work, your hope is that you’ll become “Instafamous” to the point that you’ll be, “making-it” by selling space on your feed, after all those free backpacker posts drove so much traffic to your page that now you don’t need Backpacker any more - of course I’m being sarcastic. You’d be better off playing the lottery!
Build your own career in your own space, for your own future. I’m not saying don’t share your work, or give some of it away to charity if it fits your brand or social desires. But, for heaven’s sake, if you’re going to work for free, or worse, lose money, give your talent, time, money and your work away to meaningful causes that you’d be involved with no matter what your persuasion, passion, or profession.
Backpacker is a for profit empire, the people looking at your photos are being paid and so are the writers!
Don’t fall for the “we’ll make you famous” pitch!
Let me know what you think, and if you’ve “made-it” by giving away your photographs, tell us what “made-it” means to you and how you did it, we’d all love to hear the story!
Backpacker Magazine Email to it’s contributors
“Hey there Contributor Community!
We are now accepting submissions to be featured on our Instagram. BACKPACKER has over 500,000 followers making this a great opportuntiy to promote your work to our targeted audience who is already hungry for inspirational, outdoor adventure content. Please check out this google form for more information.
Cheers!!
Photo Editor + Staff Photographer
BACKPACKER | backpacker.com @backpackerma”
This is an unpaid post opportunity, but if you feel like your audience/following/engagement are of value to Backpacker & would like to collaborate, please feel free to send me an email!
We look for all the same elements in a Instagram post as we do for print:
-legit day hikes or multi-day trips.
-no cars (sorry #vanlifers) or roads
-we gravitate away from images that feel commercial in any way
-we mostly share US locations
-legal campsites, legal spots to stand, and legal spots to shoot from only.
-We will not show an image that is in conflict with LNT guidelines (i.e. tents must be 200 feet from a water source).
-we try and show timely, seasonal content
-Backpacker's Instagram is a curated feed, and submitting is not a guarantee for sharing
-We appreciate when you share our post with your audience as well, either through a repost app or stories
Restless Native Podcast - Brad Luttrell talks with Tony Bynum about Photography, the Business of Photography, and POMA
Podcast interview with Montana Based, Outdoor Photographer Tony Bynum, how Tony approaches his professional photography career - Conservation Photography, Business of Photography, Outdoors, Wildlife, the Professional Outdoor Media Association.
In this podcast, Tony Bynum, Outdoor Photographer, and President of the Professional Outdoor Media Association reveals, for the first time, one of the biggest mistakes of his photographic career and what he learned from it when he talks with Brad Luttrell of GoWild.
Brad has a great podcast. He does his homework and gets to know a guest before the discussion making for some very good content.
Brad and Tony met some months ago over the phone. They planned to do a podcast and it finally happened at this years 2018 POMA conference in Lincoln, Nebraska. Brad was also a guest panelist at the POMA conference. The panel titled, "Content that Matters: Creating Purpose-focused Partnerships and Content," was a massive hit and set the stage for the theme of this year's conference. POMA is grateful for his participation.
Brand publishes his podcast under the title "Restless Native." He's also the Co-Founder of the GoWild app (available for both android and apple products) the best online social platform for sharing story's about hunting, fishing, and the outdoors.
Tony and Brad talk about the 2018 POMA conference, and Tony's approach to the business of photography, including stories about travel, commercial photography, and conservation.
Find Brand on Instagram @bradluttrell and the GoWild app @gowildapp
And Tony on Instagram @huntphotos
You dont want to miss this one.
Click on the link below to access the Podcast.
Tony Bynum in the photographed in the Canadian Rocky Mountains by © Rod Sinclair - Sinclair Imagery
Podcast Hal Herring and Tony Bynum discuss photography and conservation
Podcast and blast tony bynum and hal herring talk about photography, conservation tony shares his secrets to great images and describes how he captured the "caveman" shot
Hal Herring talks to Tony Bynum about photography, the life of a photographer, places, people, favorite photos, public lands conservation, conservation photography, wildlife photography, and hunting.
Tony Bynum tells the story behind one of his most iconic images, "The cave man."
World Photography Organisation - Tony Bynum Interview
The World Photography Organisation works across up to 180 countries, its aim is to raise the level of conversation around photography by celebrating the best imagery and photographers on the planet.
Fall in Glacier National Park - Stacy Dolderer stands on the edge of a lake in beautiful Glacier National Park. © Tony Bynum
“From a business standpoint, the most important aspect of assignments, or paid shoots, particularly in far-flung, remote places where there are few if any resources, is to be a problem solver. I always plan for things to go wrong. I have multiple backup plans and options. I try to think through everything that could go wrong and be prepared to act when and if they do. Up-front planning and experience are probably more important than photographic skills. That said, today you have to be expert at both”
I encourage you to read more about the World Photography Organization and visit the website, it is full of fantastic interviews, contests and valuble information.
Tony Bynum talks with Randy Newberg - Podcast - photography, public lands, conservation
Podcast with Tony Bynum and Randy Newberg - photogrphy, hunting, conservation, and telling your story about your public lands experiences.
Photography, the business of photography, conservation, hunting and public lands and telling your story
I'm excited to share with you this podcast with me, Tony Bynum and Randy Newberg. In this podcast, I share my story about my photography business. We discuss conservation and public lands issues facing us today.
One important element of my photography business is story telling. I discuss the finer points of telling your story and why it's important to the future of our public lands in American.
Randy, provides his views, his own personal story about his life and what's important for all outdoorsmen and women who use or care about our public lands. Randy Newberg Unfiltered - Hunt Talk Radio.
Improve your photography - the most important advice I can give you
This single thing will improve your photography the first time out . . .
In this short interview, I tell you the single most important thing you can do to improve your photography. It's so simple and you never hear anyone talk about it. I guarantee if you follow my directions, you'll improve your photography the first time out.
Thank you Ryan Gresham for the interview, Honey Brake and the Professional Outdoor Media Association for the opportunity.
This short interview was filmed during a recent media event we're calling #pomavissionsaffield. The event at Honey Brake was sponsored by the Professional Outdoor Media Association (POMA), Nissan, Honey Brake, Banded, Gunner Kennels, SPG, Browning, Federal Ammunition, Hobie, Voormi, Sure-Shot Game Calls, Vista, Avery, Ducks Unlimited, Confluence Group.