Senate Greenlights New Bill to Simplify Filming for Photographers in National Parks

The U.S. Senate has approved a bill that simplifies the process for filming in national parks and removes the necessity for photographers and videographers to obtain permits.

On Friday, the Senate passed the EXPLORE act, which abolishes permit requirements for all “commercial” photography and videography in National Parks. President Joe Biden is anticipated to sign the EXPLORE act into law.

The legislation was introduced just one day after photographers Alexander Rienzie and Connor Burkesmith lodged a lawsuit against the National Park Service (NPS), asserting that these filming permit stipulations infringe upon First Amendment rights.

At present, filmmakers must secure a permit and pay a fee if they intend to generate profit from their footage within national parks, even if they utilize the same handheld camera or mobile device that a typical tourist would use.

Permits are frequently denied for capricious and inconsistent reasons, complicating life for individuals such as documentary filmmakers, press photographers, and wedding videographers wishing to earn their livelihoods.

As stated in a press release by the free speech advocacy organization Foundation for Individual Rights and Expression (FIRE), the EXPLORE Act will eliminate the necessity for photographers or videographers to obtain filming permits solely due to the potential for receiving compensation for their footage or images.

FIRE notes that as long as filming occurs in areas accessible to the public, does not damage or otherwise affect park resources or visitors, and involves no more than six individuals, a permit will not be mandated.

Additionally, there is no requirement for a permit merely because the filmmaker plans to profit from their work.

Moreover, if an activity is already sanctioned in a national park, no permit is necessary to film it. If the NPS has already authorized an event, such as a wedding, no further permit for filming it will be needed.

‘Fantastic News for Filmmakers’

Last week, photographers Rienzie and Burkesmith initiated a lawsuit against the NPS aimed at dismantling its “unconstitutional permit-and-fee structure that charges Americans for the privilege of filming in public areas.”

Rienzie and Burkesmith had sought a permit to film Michelino Sunseri’s endeavor to break the speed record for the quickest ascent of Grand Teton in Grand Teton National Park, Wyoming, in September. Nevertheless, the NPS rejected their permit application and retained the non-refundable $325 fee.

Despite this, the photographers proceeded to document Sunseri’s accomplishment and faced an investigation by the NPS and Grand Teton National Park. The NPS indicated that the photographers could potentially face criminal charges should they ever sell or utilize their footage.

Rienzie and Burkesmith rejoiced over the passage of the EXPLORE act in a statement.

“This is wonderful news not only for Connor and me, but also for every outdoor filmmaker who has faced challenges navigating the archaic and whimsical permit system,” Rienzie remarks.

“We urged Congress to take action, and they heard us. We’re immensely thankful for the lawmakers from both parties who have championed free speech and the rights of Americans nationwide.”

 
Image credits: Header image licensed via Depositphotos and central image by Connor Burkesmith.