6 Months in Prison for Filming with your iPhone?

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Is it legal to film on any federally managed land without a permit if you make any income from your video? Is the process to get a permit difficult or expensive? You might be surprised at the possible penalties and the history of this topic as a whole.
This isn't the normal kind of video we make on this channel, but I've been researching the topic for a while and felt it was important to shed some additional light on it as there seems to be a lot of misunderstanding. Afterall if an issue isn't understood, or is ignored, it can't be corrected. The links to everything I walked through in this video (other than the emails) are below.
The Federal Code that covers filming within National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service:
www.ecfr.gov/c...
National Park Service Filming and Permitting Information Page:
www.nps.gov/ab...
All the units managed under the NPS:
www.nps.gov/ab...
The filming and information page for Big Bend NP (also links to the short and long applications):
www.nps.gov/bi...
BLM Filming Information Page:
www.blm.gov/pr...
US Fish and Wildlife Filming Information Page:
www.fws.gov/st...
National Forest Filming Information Page:
www.fs.usda.go...
National Forest Handbook Related to Filming:
www.fs.usda.go...
Find your Members of Congress:
www.congress.g...
I did not talk about this video that ‪@Weddingindustrylaw‬ put out about a year ago, but is an important bit of information on the topic as he interviews the attorney in the Price case prior to the appeal that was won on behalf of the NPS that spurred the new guidance they put out in Oct. In the interview the attorney confirms that the same regulations that govern NPS also govern BLM and Fish and Wildlife. • Can you film in a fede...
#publicland #filming #travelblogger
DISCLAIMER: The content in any of our videos SHALL NOT be construed as advice on tax, legal, insurance, construction, engineering, health & safety, electrical, financial advice, or any other topic & may be outdated or inaccurate; it is your responsibility to verify all information. We are not experts or advisors on any topic discussed in any of our videos. We only express our opinions based on our experiences. Your experience may be different. These videos are for entertainment purposes ONLY.

Опубликовано:

15 сен 2024

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Комментарии : 33

@airstreamer Год назад

Thanks for covering this issue. This is a critical matter for us smaller traveling content creators. On both my channels, I’ve been urging people write their US Representative and Senators about this issue.

@overlandv10 Год назад

Since I shot this I’ve talked to my Senators and found out that there was a bill back in 2021 introduced to “fix” this called the “Film Act”. It’s currently stuck in committee. I will be making an update at some point soon on this topic but if you google the name of the bill it will come up. From there asking the committee to push it through to a vote would be a positive movement on this. Thank you to you also for doing what you can to help get it fixed.

@overlandv10 Год назад

In case you haven’t seen it here is a quick follow up on how we can get this fixed this year if people are willing to reach out to the committee and make some noise: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-f-rgWW_WugQ.html

@AZ-Drone Год назад

Thanks for stopping by my channel and commenting today! I followed your link over to your channel. Very thorough, thank you. This issue has actually been going on for a long time. Shooting professionally since 2006 I've had concerns regarding images I produced in the park system, forest service, blm, and national monuments. Often the guidance from each service was a little confusing, even for still photography. In the end, I hope things get clarified more for the average park visitor. To be honest, I have found better information about our National Parks on private blogs, vlogs, podcasts, and RU-vid. NPS, National Forest, BLM, etc need to modernize their websites, and not leave visitors hunting for relevant information about the parks (beyond this whole filming issue). Thanks again for some great coverage on this topic!

@overlandv10 Год назад

Appreciate you bringing awareness to the issue as well! I will probably make an update video at some point in the near future with all the additional information I’ve learned since I filmed this. I am also supposed to be having a call with the national permitting office for BLM to gain more clarity from the BLM point of view as I’ve gotten different answers from different field offices as you have also seemed to experience. In the meantime here is the link to the film act if you haven’t already found it. www.congress.gov/bill/117th-congress/senate-bill/1616/text

@overlandv10 Год назад

@theparkjunkie Год назад

You are a journalist & enjoy the protection of the First Amendment Free Press guarantee. This investigation you just published right here is exactly what the founders would consider “press”.

@overlandv10 Год назад

I saw the video you did on this topic as well and actually tried pinging you on IG last week, but it probably went to hidden message requests or something and you didn’t see it. Anyway I did a follow up to this video I am trying to get the word out about to potentially get this issue fixed sooner rather than later so others with a larger following can let others know as well. Thank you for checking out what I learned and here is the link to the update if you didn’t see it. ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-f-rgWW_WugQ.html

@Danno-uh6pg Год назад

Interesting. Imagine if a natural disaster occurs in one of our national parks and a TV news crew come by to film it for the nightly/national news. A permit would be required!

@Venture2Roam Год назад

Even if you don't monetize a vid, RU-vid still monetizes it...they just don't pay you. Do you think that means it's commercial regardless of our intent?

@overlandv10 Год назад

Yeah I talked about that in this video towards the end and I was definitely picking at that topic in the emails I shared from NPS. Based on what they told me so long as you are not making income they would not require you to have a permit. Another interesting side of this is the terms of service with RU-vid require you to own the rights to the video you uploaded. If the agency says you as the person filming didn’t need a permit because you aren’t getting any income I’d personally see that as you having rights no matter what YT does from there once it is on their platform. And like I said apply the same rule to FB or IG or anything else. They all show ads. All part of why it is a mess that doesn’t make a lot of sense.

@mountaintopbob Год назад

Cibola National forest requires a special use permit for all video and any photographs for commercial. also check and see if youtube ads for youtube is included as commercial. I am in the same boat but surrounded by cibola national forest blm and blue water state park. it is even harder to get a permit from. This in effect shuts me down.

@overlandv10 Год назад

Hi Bob - yeah the whole situation can be confusing. I'm not an attorney and this is not legal advice but my personal take on it after talking to several units is the most common view seems to be that so long as you are not making an income you don't need a permit. If you channel is monetized RU-vid gives you the ability to monetize or not monetize videos you share. In other words your channel could have a combination of monetized and non monetized videos. I have been told by units I've spoken with the key is income and if I'm not receiving income I a permit is not needed. Of course if RU-vid shows ads on my videos even though I receive no money from them doing that, what does that mean? My personal intent was not to generate income and I receive no income. Basically I view it as being no different than showing my home movies to my friends and family for free using the free tool that YT has offered me to do so. What YT does from there I have zero control over.

@mountaintopbob Год назад

@@overlandv10 That is what i thought but when i contacted the forest service they said no video at all without a land use permit as per the grants new mexico office and the ABQ office.

@mountaintopbob Год назад

@@overlandv10 I am waiting for a return call from the Bosque Del Apachy wildlife refuge governed by the US wildlife service. When I called them, they had no idea about any permit requirements for video or photography.

@mountaintopbob Год назад

Oh and there is a clause in the CFR about preferred audience or something to that effect just saying so be very careful.

@Tristarexplorer Год назад

Thanks,😊

@overlandv10 Год назад

Thx for checking it out!

@overlandv10 Год назад

@germaine1033 Год назад

Very informative content. Thanks for sharing.

@overlandv10 Год назад

Ty!

@kneepayne Год назад

Hey, I wanted to take time to watch your video and respond. We had some back and forth on another video. Hope I didn't come across condescending, the original commenter that I was responding to seemed quite uninformed (and intentionally ignorant) and so I didn't take into consideration your knowledge on this and honestly was a bit annoyed already by his perceived ignorance. This is also a good video and I appreciate your POV. This video is worthwhile the time to watch and I am glad you posted it. I think we agree that there is too much inconsistency between agencies and laws that are a bit too vague. As I said, the word "intent" is far too subjective. That is my problem, I see you're over 3K and not sure if you're monetized but they could look at you and arbitrarily decide you have intent. As withe me, I do sell stock on Adobe. Therefore they could derive intent from my actions :/ I've been doing my coverage of this. Not as detailed as yours. Maybe because I take it more personal than I should be, but these changes had a huge negative impact on me. Off topic: Cool, you're an overlander! I have a 4Runner ORP but would not consider myself an overlander. I just like having a truck that can get me out of tough situations.

@kneepayne Год назад

Also good to place a face with someone. Comments can lose, or misrepresent, tone. I think you're well informed and thorough.

@overlandv10 Год назад

No worries and I didn’t take what you said on the other discussion in a bad way at all. I’ve been around long enough to know without the body language to go with the comment things some times come across differently than it was meant. I’ve talked to more people at the various agencies since I shot this and have leaned more, including about the “Film Act” that will hopefully mostly fix this issue. And completely agree on them coming back later and having a different view on the intent. Not sure if you are following the ATF brace issue but that is basically happening with that agency as we speak so I’d see NPS or any other agency doing anything any different without clear law preventing it. And good stuff on the overlanding! We love to explore the dirt and share it with others even if we aren’t personally making anything from it, but it would be nice not to have to wonder if even that is okay with all the vagueness and different answers from different agencies.

@mountaintopbob Год назад

New Mexico has people motion picture companies can contact in the state who will pave the way for movies and television. but the forestry department won't even talk to me and argue about where I am supposed to go to apply for a permit. just a flat no to videoing.

@overlandv10 Год назад

@EarthTrips Год назад

National Parks are funded by the Federal Government with our tax dollars. Our freedoms are vanishing daily. Thanks for the VERY informative video. Subscribed✌️

@overlandv10 Год назад

Yes it is pretty disappointing. I’ve learned a lot more in the last few weeks since I shot this video including talking to my senator. Turns out there is already a bill in committee that is a hold over from 2021 called the “film act”. It should fix a lot of this but it needs to get out of committee first. Thank you for caring and learning about this topic!

@EarthTrips Год назад

@@overlandv10 👍let's hope it makes it out of committee. We are all waiting.

@overlandv10 Год назад

@@EarthTrips when the time comes to contact the committee to let them know what we want them to do I will definitely let everyone know who to contact and how to contact them. Either here or maybe IG (if you follow us here), or maybe both. Thanks again!

@overlandv10 Год назад