Court rules in favor of commercial photography

[PAKA]

I just saw this in the news:

National Park Service Can’t Require Permits and Fees for Commercial Filming, Judge Rules

In a huge win for filmmakers, a D.C. federal judge has ruled that it's unconstitutional for the National Park Service to require permits or charge fees for commercial filming on its land.

www.hollywoodreporter.com

I hope someone will sue the FAA on similar grounds to overturn their licensing requirements for commercial drone photography.

Amen ~

 

[Brojon]

The FAA wasn't a party to the lawsuit, so it is unlikely to be binding on them.

The FAA doesn't prohibit filming at all anywhere (they regulate flying, not filming), so the first amendment freedom of the press argument is unlikely to work against them.

Commercial flight isn't a protected right under the Constitution, as far as I can tell.

Maybe the SCOTUS will see it differently. I wouldn't bet on it, though.

Many folks fail to understand that the concept of a right means it is not bestowed by some act of the law - it is intrinsic to being alive. The Constitution is about what powers are granted to government. The Bill of Rights is there to make absolutely sure that the government understands these enumerated rights are NOT given to government to play with.

 

[DJFPhoto45]

A word of caution: The court ruled that the NPS can not require a permit for commercial photography in the National Parks. However, this does NOT impact the NPS regulation that you CAN NOT fly a drone in a National Park - for any reason. The fines are significant. So, don't think that this ruling means you can now go and take photos with your drone in a National Park - you can not.

 

[Thomas B]

A word of caution: The court ruled that the NPS can not require a permit for commercial photography in the National Parks. However, this does NOT impact the NPS regulation that you CAN NOT fly a drone in a National Park - for any reason. The fines are significant. So, don't think that this ruling means you can now go and take photos with your drone in a National Park - you can not.

Welcome to the forum from the deserts of Arizona!
You saved me posting the same thing. I love my drone... but don’t want to listen to drone buzzing when I hike in, or otherwise utilize, a National Park.

 

[halifax]

I read the ruling, and it said that the Park Service had to treat commercial filming on the same basis as non-commercial filming. Previously, the NPS had a policy that all commercial filming required a permit, but that non-commercial filming didn't.

The judge even wrote that permit requirements or filming bans could be acceptable if they were targeted based on resourse impacts instead of on the commercial vs. non-commercial nature of the project.

The Park Service bans flying drones because of resource impacts, regardless of whether they have a camera on board, or whether they're used commercially or non-commercially.

I'm not expecting that to change.

A well thought out post.

I imagine that the original regulation may have been created to control massive Hollywood-style location work.