Small-scale commercial photography and videography endeavors within the US National Parks, inclusive of wedding photography, will no longer necessitate permits and fees, provided they adhere to a specific list of criteria, due to a new statute. President Joe Biden enacted the EXPLORE Act, incorporating the FILM Act, on January 06, which significantly alters the National Park Services permit stipulations for commercial photography and filmmaking.
Under previous legislation, all photography and videography undertakings deemed commercial within national parks demanded a permit. However, the FILM Act substitutes those limitations with what the National Press Photographers Association (NPPA) refers to as “common-sense guidelines that ascertain the need for a permit based primarily on the effect on the land and its visitors.”
Which photography projects will require a permit inside national parks?
Instead of mandating a permit for all commercial endeavors, the new criteria permit small-scale commercial projects to film within the national parks as long as they satisfy a collection of stipulations. According to NPPA, under the new legislation, a permit is not necessary for commercial projects that:
- Involve fewer than six individuals
- Take place in an area where the public is permitted
- Do not hinder visitor access to the parks
- Do not occur in regions with “a very high volume of visitation”
- Do not affect natural resources
- Do not necessitate setups beyond handheld camera gear and tripods
- Do not require exclusive access to any location
Filming weddings or other occasions will also be exempt from permit requirements if they conform to those guidelines, as noted by the NPPA.
Which commercial projects will still need a permit inside the national parks?
Per the FILM Act, however, those fees should be “reasonable” and based on the duration of the project, crew size, equipment quantity and type, and “any other elements the Secretary finds necessary.”The act grants the Secretary of the Interior the authority to deny access for filming and photography that may endanger resources, disrupt public visitors, or pose health or safety hazards.
The act additionally establishes guidelines for “de minimis use” for groups of six to eight individuals that may need usage authorization but not a fee. The Act requests that the Secretary develop a method to “automate the approval of applications submitted through the website” for commercial film or photography for groups larger than six but fewer than eight people.
The FILM Act empowers the Secretary to necessitate a permit and “impose a reasonable fee” for projects involving more than eight individuals or those that do not meet other qualifications, such as those with fewer than six individuals that require setups or access to high-traffic areas.
The EXPLORE Act and the FILM Act encapsulated within passed the Senate on December 20, just a day after the Foundation for Individual Rights and Expression (FIRE) initiated a lawsuit on behalf of the NPPA and two filmmakers who were denied a commercial permit even though they were “utilizing equipment no more intrusive than a regular park visitor’s gear.”
Both FIRE and NPPA praised the passage of the FILM Act. “This marks an extraordinary triumph for the First Amendment rights of photographers,” stated Carey Wagner, NPPA President. “We express our gratitude that a bi-partisan coalition of legislators comprehensively recognizes the significance of safeguarding the freedom to capture images and film in our national parks and other federal territories.”
The Act initially passed the House of Representatives in April, yet remained inactive for several months until action was taken by the Senate on December 20. Biden enacted the act into law on January 06.
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