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altasnob
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PostWed Jun 09, 2021 1:28 pm 
This happened a few months back but just read about it. A judge overturned the National Park Service's rule that allowed people to film in national parks for non-commercial purposes, but requires a permit and fee if you plan on using the film for commercial purposes. The rule only applies to videos, not still images. The judge believed the rule violated the First Amendment.

https://www.nps.gov/aboutus/news/commercial-film-and-photo-permits.htm

https://fstoppers.com/commercial/judge-rules-national-park-filming-rule-unconstitutional-549688

https://www.hollywoodreporter.com/business/business-news/indie-director-blasts-governments-argument-filming-isnt-protected-speech-1302671/

https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2019cv03672/213478/36/

I'm not sure how I feel about the decision. The judge still suggested a permit and fee could apply for large production filming using a large crew and heavy equipment. And the film crew has to follow all the other rules in the park, like group size, staying on trail, ect.

Also, the ruling doesn't address commercial filming in wilderness areas but presumably the same First Amendment argument could be made to allow commercial filming in wilderness without a permit. The Wilderness Act specifically bans all "commercial enterprise." But to make it even more confusing, the Wilderness Act also has an exception that allows "commercial services" . . "to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas."

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altasnob
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PostThu Jun 10, 2021 8:13 am 
Did some more research on commercial filming in wilderness issue. Here's what I found:

You can commercially film and photo shoot in wilderness, so long as you get a permit and pay the fees. Getty Images (stock image co) stands to benefit more than anyone from relaxing commercial filming rules in wilderness, and that is why they filed an Amicus (friend of the court) brief in the Price v. Barr case.

This is criminal law, and like all criminal laws, the government does not always prosecute. In this case, the government rarely prosecutes so most who violate go unpunished. The government goes after the more egregious violators, and has been ramping up prosecutions as social media expands. Outside has a great article on the subject:

https://www.outsideonline.com/193054...t-breaking-law

So for instance:
-Jimmy Chin filming Alex Honnold in Yosemite wilderness for a Squarespace ad, ok, because they got a permit.
-Valley Uprising, documentary on the history of climbing in Yosemite done without a permit, ok, because there is also an exception for "news."
-Wide Boyz, an indie movie about UK offwidth climbers in Canyonlands without a permit, not ok. But the director likely would have never gotten in trouble except the UK climbers scratched the name of the route into the rock. This was not in the film but the NPS was pissed and so they went after the director. He now has a criminal conviction on his record.

At some point, someone is going to violate the no commercial filming in wilderness rule and then try the first amendment argument in their criminal case. And if the court sides their way you can look forward to REI/Patagucci live streaming adds from your favorite wilderness.

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Pyrites
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PostThu Jun 10, 2021 2:48 pm 
The upside/downside is that if no permit is used, there’s no exclusion. If you want to set up your tent where some commercial outfit wants to do an ad shoot, it’s their problem, not yours.

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uww
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PostFri Jun 18, 2021 3:28 am 
Hopefully all 'influencers' will be prosecuted to the maximum extent of the law.

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Waterman
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PostFri Jun 18, 2021 8:34 am 
No doubt you were being sarcastic about "patagucci" live streaming from the wilderness.

Patagonia leads the way in reducing packaging,  giving corporate profits to environmental groups and in general a fine example of a responsible corporation.

True they may provide financial support to those who do film in the wilderness but so what.

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Two roads diverged in a wood, and I,I took the one less traveled by. And that has made all the difference.
Robert Frost
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Kim Brown
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PostFri Jun 18, 2021 9:22 am 
Patagonia printed a bicycle ad with a photoshoot in wilderness ad once. It caused quiet a flap. Unfortunately, there's no photographic evidence and their blog on the subject is old as dirt. But to be fair, Patagonia themselves didn't take the photo.

It was sorta funny, but probably a headache for Patagonia.

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" I'm really happy about this! … I have very strong good and horrible memories up there."  – oldgranola, NWH’s outdoors advocate.
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