Still Photography and Permits On US and California Public Land
By Jeff Conrad
for the Large Format Page
Many photographers who take pictures in
parks or on other public land never give permits a thought, yet
permits are often required if the photographs are intended for
sale.
Basis for Requiring Permits
Permits are often required for photography done for
“commercial” purposes.
But “commercial photography” has several
different meanings among photographers and among public
agencies. Photographers often distinguish between
“commercial” and “editorial” work,
sometimes with varying ideas of what belongs in each
category; public agencies seldom recognize the distinction.
Most state and local agencies in California require permits
for any photography for “commercial purposes,”
possibly with the assumption that “commercial”
is equivalent to “large-scale and disruptive.”
Although they often don’t formally define the term,
these agencies typically regard as “commercial”
any photography done with the intent of sale for profit,
including editorial, stock, calendar, greeting card, and
fine art. Some agencies even include images made for a
commercial portfolio.
In contrast, most US federal agencies base permit
requirements on the activity’s impact rather than on
commercial intent, and accordingly require permits only when
the photography involves models or props.
Many regulations that cover commercial filming and
photography were written for motion picture and television
production and large-scale commercial product photography.
Commercial filming, and to a lesser extent, commercial
product photography, can have significant impact on the
locations in which they take place, sometimes involving
large crews, considerable support equipment, numerous
vehicles, temporary structures, and perhaps requiring
temporary closure of areas, trails, or roads. The activity
merits regulation to protect resources and avoid undue
interference with the normal activities of others, and in
most cases the cooperation that a permit elicits is well
worth the effort to obtain the permit.
Commercial still product shoots often involve only a few
locations, so that planning for and obtaining permits is
relatively straightforward. The cost of obtaining a permit is a
customary business expense that is passed along to the client.
There is little justification for jeopardizing a commitment to a
client and needlessly antagonizing agency staff by failing to
obtain required permits for such activities.
Low-Impact Commercial Photography
Professional photography that doesn’t involve models
or props is usually on the border of what does and what does
not require a permit. The photographic activity involved
usually differs little, if at all, from that of a serious
amateur or an ordinary visitor who would not require a
permit.
The impact of the activity often is so low that it’s
nearly invisible, and not even considered when regulations
are drafted. In contrast to motion picture or product
shoots, editorial, stock, and fine art photography often
involves short visits to many locations administered by many
different agencies, so the logistics of obtaining permits
and providing certificates of insurance can be considerable.
In many cases, there is no immediate client, so the
photographer must absorb the cost of obtaining the permits
and providing indemnification.
As a practical matter, absent models or props, it’s
nearly impossible to distinguish between commercial and
noncommercial intent on the basis of equipment or
photographic activity, and some agencies concede that
regulations based on “commercial” intent are
essentially unenforceable. Nonetheless, at least
ostensibly, California State Parks and many local agencies
in California require permits for photography with
commercial intent.
Noncommercial Photography
Photography for personal use seldom requires a permit, as
long as the photographer follows the same rules as the
general public. A few sites do restrict the use of certain
equipment (such as tripods or artificial lighting), or
certain activities (such as leaving a tour group or leaving
a trail), but these restrictions are usually clearly stated
as such, and not related to “commercial” intent.
Some agency staff initially may assume that anyone using a
tripod, medium- or large-format camera, long lenses, light
meter, or other “professional” equipment is
doing “commercial” photography and requires a
permit. However, such equipment is used by amateurs and
professionals alike, and in most cases, sales to amateurs
considerably exceed sales of the same equipment to
professionals. Fortunately, staff at many sites are
accustomed to visitors who are serious amateur
photographers, and realize that “professional”
equipment isn’t what determines commercial intent.
Many agency staff are serious photographers, and routinely
use such equipment themselves.
A photographer’s claim that photography is for
personal use often will not be challenged unless
circumstances strongly suggest that the claim isn’t
true.
News Photography
Coverage of breaking news is usually protected by the First
Amendment to the US Constitution, and accordingly
doesn’t require a permit, but some agencies require
that it be done under supervision of agency staff to ensure
adequate protection of site resources.
Special Privileges
Possession of a camera does not bestow privileges that are
not available to the general public.
If a photographer, professional or amateur, requires access
to a location closed to the public, access to a site outside
of normal visiting hours, or special assistance from agency
staff, a permit is usually needed.
Know the Applicable Laws
Whenever possible, a photographer should be familiar with
the applicable statutes, ordinances, regulations, and local
rules prior to arriving at a site. If the photographer ever
is questioned by agency staff, the discussion will usually
be more productive if he can explain how what he is doing
complies with the rules. Agency staff aren’t always
familiar with the laws, so it may help to carry a printed
copy. Agency staff may call another location and ask
someone to verify the photographer’s claim, but the
process often will go much faster if person doing the
verification knows where to look.
If all else fails, asking to discuss the situation with
someone at the agency’s headquarters may effect a
resolution. Obviously, the photographer should be certain
that he understands the rules and is in compliance
before pushing the issue with agency staff.
Avoid Surprising Agency Staff
If a site has a staffed visitors’ center or entrance
station, the safest approach for a serious photographer
probably is to “check in” with agency staff upon
arrival. Asking if the site has any special rules for
photography or if any sensitive areas require extra
precautions will ensure that the photographer is apprised of
the rules and of any special restrictions such as remaining
on trails.
Agency staff will appreciate the consideration;
they’ll often try to be helpful, and may point out
photo opportunities that the photographer would otherwise
miss. In many cases, an individual photographer will not be
asked about commercial intent, even at places that nominally
require permits.
At the very least, checking in ensures that agency staff are
aware of the photographer’s presence, and are less
likely to panic at another visitor’s report that a
filming crew has invaded the site.
Authority for Requiring Permits
The authority to require permits comes from federal, state,
or local statutory or administrative law, and the
authorizing law is the definitive reference for the
conditions for which permits may be required. Finding the
authorizing law is not always a simple matter, however.
Laws that cover photography appear under a variety of
general topics, and are described in various ways. Although
photography is often specifically mentioned, some agencies
simply interpret prohibitions of “commercial
activity” as the bases for requiring photography
permits. Definitive interpretations of the latter instances
may depend on court decisions; because questions related to
permits seldom reach appellate courts, such interpretations
are often unavailable. Most requirements for local agencies
are covered in county or municipal codes, but some agencies,
such as the City of Palo Alto,
authorize certain officials or departments to issue
regulations without formal action by a legislative body, so
simply searching a code may not suffice.
If an agency indicates that permits are required, there is
usually a sound legal basis, but discovering that basis is
not always easy.
Even agency staff, especially at the local level, are often
unaware of the authorizing laws.
The United States
Code is available on the Cornel University Law
School’s Legal
Information Institute web site and on the US House of
Representatives Office
of the Law Revision Counsel web site. The
Code of Federal Regulations and the Federal
Register are available via the US Government
Printing Office’s GPO Access web site.
The California
Codes are available on the State of California web site,
and the California
Code of Regulations is available online from
Westlaw. Many city, county, and special-district codes are
available on their agencies’ web sites.
For convenience, this article includes the text of many of the
cited statutes, ordinances, and regulations. Any of these laws is
subject to revision, however, so the best approach is to obtain the
most recent version from the official source.
Photography on Federal Public Lands
The 106th Congress enacted legislation that unified permit
requirements for still photography on all federal lands
administered by the Department of Agriculture and the
Department of the Interior. That legislation became Public Law
106-206 when signed by President Clinton on 26 May 2000,
and was codified at 16 USC 460l-6d.
For most photographers, there should be little change from
long-standing policies, but because the basic rules now are
formally covered by statutory law, they are not subject to
significant revision by changes in regulations or agency
policies.
Public Law 106-206 mandates requiring permits for
photography that involves models or props, prohibits
requiring permits in most other situations, and prohibits
issuing permits for activities that could adversely impact
resources or site operations. Because the law directs
policy of the affected agencies rather than imposing
obligations on photographers, its formal implementation
requires changes to the Code of Federal
Regulations by each agency. But developing
regulations that are acceptable to all parties, including
other government agencies, organizations that represent the
filming industry and still photographers, and members of the
general public, has proven to be an arduous and lengthy
task; as of November 2010, only the US Forest Service have
issued such a rule. A proposed rule covering the Bureau of
Land Management, the US Fish and Wildlife Service, and the
National Park Service appeared in the Federal
Register in August 2007, but as a result of public
comment, the final rule was not issued.
Although Public Law 106-206 is unusually specific for
statutory law, some of its wording, at least ostensibly, may
be less clear than corresponding wording of 36 CFR 5.5(b),
which has long governed permit requirements in National
Parks.
Where the latter refers to “any vehicle, or other
articles of commerce or models for the purpose of commercial
advertising,” the former refers simply to
“models or props which are not a part of the
site’s natural or cultural resources or administrative
facilities,” without defining or qualifying
“models” or “props.”
Conceivably, the law could be read as applying under any
circumstances to taking a photograph that includes anything
not a part of a site, but such an interpretation would lead
to absurdities such as requiring a permit to photograph the
photographer’s family members or vehicle.
The stated intent of the still photography provisions of
Public Law 106-206 was to apply the NPS regulations to all
affected agencies, so it probably is reasonable to assume
that the wording of Public Law 106-206 is equivalent to that
of 36 CFR 5.5(b), and that both “model” and
“prop” were intended to apply only in the
context of advertisement of a product or service.
A 2004 supplement to the BLM Manual provides
definitions that are essentially those above; a 2005
amendment to the Forest Service Handbook
provides many similar definitions but treats commercial
articles as models. Both approaches would seem to work to
the same effect. Hopefully, any new formal rule will
incorporate language that is clear to both photographers and
enforcement personnel.
“Commercial Photography” Revisited
The BLM supplement includes an attachment that defines
“commercial still photography” according to the
conditions that would require a permit under Public Law
106-206. Though it actually has little to do with
commercial intent in this context, “commercial”
is nonetheless the term most commonly used for photography
that requires a permit, and it is considerably less unwieldy
than “still photography involving models, props, or
sets.”
The definition is specific to the context of Public Law
106-206 (it incorporates after-hours and closed-area
access); however, aside from those provisions, it arguably
accurately describes the activity for which regulation was
originally intended by most agencies.
Still vs. Motion Pictures: Advances in Technology
Many current digital still cameras include the ability to
record high-quality video as well as still pictures. In
most situations, it is nearly impossible for an observer to
determine whether the photographer is recording still or
moving images, so that regulations that depend on the
distinction between still and motion pictures may need to be
revised. If indeed the need for regulation is based on
impact rather than intent or technique, and the impact of
video recording is no different from that of still
photography, the permit requirement should also be no
different.
Apparently, no agency has addressed this issue as of
November 2010.
Permit Requirements for Various Agencies
Laws and policies for a few public agencies and private
entities are summarized below.
Neither a permit nor a fee is required for still
photography, unless the photography
- Uses models or props that are not a part of the
site’s natural or cultural resources or
administrative facilities; or,
- Takes place at locations closed to the public; or,
- Takes place during hours that the park is closed to the public; or,
- Is likely to result in additional administrative costs,
such as at a location so popular with photographers
that an extra ranger must be assigned to maintain
order.
Photography is not allowed if the
photography or related activity would be such that
- There would be a likelihood of resource damage; or,
- There would be an unreasonable disruption of the
public’s use and enjoyment of the site;
or
- The activity would pose health or safety risks to the
public.
When a permit is required, the fee varies with the size of
the crew. A certificate of insurance naming the US
government as additional insured is usually required; the
amount of insurance varies with the risk posed to park
resources.
Permit requirements are governed by 36 CFR 5.5(b),
subject to
16 USC 460l-6d.
National Park Service policy on filming and photography is
described in several documents available on the NPS web site:
- NPS Digest
summary of permit requirements and fee schedule.
- Section 14 of
Director’s Order 53, Special Park
Uses.
- Appendix 13 of Reference Manual 53 (available as a
zipped
file). Appendix 13, Exhibit 1 is a one-page
policy summary that essentially is the same as that
described in a letter
issued by the Secretary of the Interior in April
1990.
-
Chapter 8 of NPS Management
Policies.
The Code of Federal Regulations will probably
be revised to formally implement the
requirements of
16 USC 460l-6d; a rule proposed in August
2007 (but not issued) would have moved the permit
requirements from 36 CFR Part 5 to a new 43 CFR
Part 5 covering permit requirements for the BLM and
US Fish and Wildlife Service as well as the National Park Service.
Permits are issued by each park administrative office, which
may be located using the Find a Park web page.
Additional information and permit applications are available on
some individual park web sites.
Contact Lee Dickinson, Special Park Uses Program
Manager, at 202-513-7092 or
Lee_Dickinson@nps.gov for questions about permit requirements.
Permit requirements are essentially the same as
those for lands administered by the National
Park Service; the
policy is posted on the BLM web site. The most
significant change from the long-standing policy described
in a letter issued
jointly by the BLM and the US
Forest Service in August of 1994 was to eliminate permit
requirements for “commercial photographers who take
pictures of public land users . . . with the
express purpose of selling the pictures to those
users.”
When a permit is required, the
fee varies with the size of the crew, and varies from
state to state. A certificate of insurance naming the US
government as additional insured is usually required; the
amount of insurance varies with the size and nature of the
activity.
Use of BLM lands is covered in
43 CFR 2920, Leases, Permits and Easements.
Commercial photography is not specifically mentioned in
§ 2920, so it has been subject to various
interpretations. Since 26 May 2000, application of
§ 2920 to photography has been constrained by
16 USC 460l-6d.
The Code of Federal Regulations will probably
be revised to formally implement the requirements of
16 USC 460l-6d;
Instruction Memorandum 2004-073 has been issued to
direct BLM personnel in the interim. Included with that IM
is Attachment 1, which defines several terms related to
commercial filming and still photography; the definitions
derive from those introduced in US Forest Service Interim
Directive 2720-2003-1 (and incorporated in
Chapter 40 of Forest Service Handbook
2709.11), but they conform more to conventional usage, and add
several clarifications of what is included (e.g.,
“model” does not include a portrait subject, and
“sets and props” does not include “ancillary
still photographic equipment.”).
The most current information about BLM regulations and
policies related to still photography is usually available
on the BLM
filming web page. That page and its subpages include permit
application forms, and a list of
contacts for popular filming locations.
Contact Vanessa Engle in the Lands and Realty Group at
202-912-7339 or Vanessa_Engle@blm.gov for
questions about permit requirements.
Permit requirements for lands administered by the
US Fish and Wildlife
Service are essentially the same as those for lands
administered by the National Park Service.
Current policy is covered by Title 8, Section 16 of the
Refuge Manual, subject to
16 USC 460l-6d.
The Code of Federal Regulations will probably
be revised to formally implement the requirements of
16 USC 460l-6d.
Permit requirements for National Forest
System lands are covered by
16 USC 460l-6d and
36 CFR 251. A final rule revising
36 CFR 251 to formally implement the
requirements of 16 USC 460l-6d was
published in the Federal Register on 13
July 2004, and became effective on 12 August 2004.
At first glance, the revised 36 CFR 251
appears to require a permit for all still photography;
however, “still photography” is later
defined to be that which would require a permit under
16 USC 460l-6d. For most
photographers, the new regulations work to the same
effect as long-standing policy covered by previous
versions of Section
2725.51, Commercial Still Photography, of the
Forest Service Manual; that policy also was
described in a letter
issued jointly by the BLM and the Forest Service in August
1994. The primary change was to eliminate permit
requirements for “commercial photographers who
take pictures of public land users . . . with
the express purpose of selling the pictures to those
users.”
With the requirements now covered by
36 CFR 251, the policy specifics have been
removed from FSM 2725.51 and
placed in
Chapter 40 of Forest Service Handbook
2709.11, Special Uses Handbook. The beginning of
§ 45.5 includes definitions related to
commercial filming and still photography; the definition
of “sets and
props” differs from the conventional meaning,
including equipment as well as objects that actually
appear in a film or photograph. The definition is
somewhat ambiguous with respect to still photography,
and conceivably could be interpreted as requiring a
permit for the use of anything other than a camera or
tripod. It remains to be seen whether this will be the
case; it is possible that interpretation will vary among
different Forest Service regions and perhaps even among
enforcement personnel. The complete Forest
Service Manuals and Forest
Service Handbooks are available on the Forest
Service web site.
When a permit is required, the fee varies with the
size of the crew. A certificate of insurance may be
required if the activity poses sufficient risk; the
amount of insurance varies with the size and nature of
the activity.
The most current information about US Forest Service
regulations and policies related to still photography
is usually available on the Forest Service
filming web page. Announcements of new rules and
policies often are available on the Forest Service
Special Uses page.
Contact Julett Denton, Special Uses National
Program Manager, at 202-205-1256 or jdenton@fs.fed.us for
questions about permit requirements.
Any photography for “profit and sale”
requires a permit and a certificate of insurance, with the
State of California named as additional insured. There is no
fee unless the photography requires monitoring by park staff;
in many cases monitoring is not required for still photography.
Additional information about insurance requirements is
available on the California
Film Commission web site.
- Permit requirements are seldom waived when a
photographer contacts the district office and
states the intention to photograph for sale for
profit.
- Most field park staff do not raise the issue of
commercial photography with an individual still
photographer, regardless of equipment, unless
the photographer specifically mentions it, or is
part of an entourage that includes models,
props, and assistants.
- Sometimes, however, park staff may approach a
photographer who appears to be using
“professional” equipment and ask if she is
shooting commercially. In rare instances,
photographers so approached have been detained for
identification and warrant checks.
To be completely safe, a person
planning stock or similar photography may wish
to contact the appropriate district office. A
list of district offices and telephone numbers
is available on the DPR web site.
Some parks require that visitors remain
with tour groups or on designated trails, or prohibit the
use of certain equipment, such as tripods or artificial
light. When such restrictions are in effect, enforcement
usually is very strict, with violation often resulting in a
citation rather than a warning.
The requirement for commercial photography
permits is covered by Title 14, § 4316 of
the California Code
of Regulations. It is important to note that
only parks owned and operated by the Department of Parks and
Recreation are covered; if a park is owned by the state
but operated by another organization, the operating
organization’s rules apply. For example, San Bruno
Mountain State Park is operated by San Mateo County and is
therefore covered by San Mateo
County rules.
The rulemaking
history for § 4316 suggests that the intent
was to regulate disruptive activities such as those of
motion picture filming crews; however, the DPR generally
interpret the permit requirement as applying to any
photography that is intended for sale, including editorial,
stock, and fine art.
Photography at Hearst Castle is covered in Title 14, § 4600
of the California Code of Regulations;
photography at the California State Railroad Museum is
covered in
§ 4613.
Department policy is described in California Park and
Recreation Commission Policy IV.4. That policy, as well
as other information related to filming and photography
in California State Parks, is included in
Guidelines for Filming in California State Parks
on the DPR web site.
Section
10.03.150 of the Marin County Parks, Open Space and
Cultural Services Code requires a permit from the Parks, Open
Space and Cultural Services for any commercial
photography or related activity in Marin County parks.
To issue a commercial photography permit, the
Department require
- A certificate of insurance providing general liability
coverage of $1,000,000, and naming Marin County as
additional insured.
- A fee of $300 per day (or $75 per hour). Additional charges may
apply if the activity requires monitoring by park staff.
Contact the Department at 415-499-6387 for additional information.
A staff directory and park rules are available on the Department
web site.
Section
100.02.160 of the Marin County Open Space Code requires a
permit from the from the Department
of Parks, Open Space and Cultural Services for any
commercial photography or related activity on District
lands. The regulation for open space lands is nearly
identical to that for county parks, and the policy for open
space lands is the same as that for parks.
Parks and Open Spaces are currently under common
administration. Contact the Department of Parks, Open Space
and Cultural Services at 415-499-6387 for additional
information. A staff directory and complete open space
rules are available on the Department
web site.
A permit and fee are required for any commercial
photography; the fee varies with the intended use
of the images.
Tripods may not be placed in the flower beds.
Contact the Garden at
510-643-2755 for additional information.
Photography that doesn’t involve models, props, or
crews usually doesn’t require a permit.
However, photography that requires assistance
from City employees or “interferes to any substantial
degree” with the use and enjoyment of streets,
sidewalks, or other public property requires a use agreement with
the San Francisco Film
Commission.
To execute a use agreement, the Film Commission require
- A completed use agreement form.
- A certificate of insurance providing general
liability coverage of $1,000,000 ($2,000,000
aggregate) and naming The City and County of San
Francisco as additional insured.
- A fee of $100 per day, which is valid for any
location in the city.
Permit requirements are covered by Section 57.6 and the
definitions in Section 57.1 of the
San Francisco Administrative Code.
Chapter 34 of
the
San Francisco Police Code requires a permit for a
photographer not associated with an established photographic
studio who takes pictures of people in public places with
the express purpose of selling the pictures to those
people.
Use agreement forms and additional information are available
on the Film Commission web site. The Film Office may be
contacted by telephone at 415-554-6241 or by email at film@sfgov.org.
San Francisco parks are under the jurisdictions of several
different agencies.
San Francisco Recreation and Park Department
A permit is required for all commercial still
photography, including editorial, stock, and fine art.
- The Department require a certificate of
insurance providing general liability coverage of
$1,000,000 and naming The City and County of San
Francisco as additional insured.
- Fees charged by the Department are based on the impact
of the activity, and vary with the location, the amount
of assistance or monitoring required, and whether or not
the activity requires exclusive access to the area in
which the photography takes place. The complete
fee schedule is available on the Department web
site.
Some locations, such as Coit Tower, the Japanese Tea Garden,
and the Conservatory of Flowers in Golden Gate Park, prohibit
the use of tripods because of restricted space. The
restrictions are clearly indicated at the entrances to those
locations. Monopods are allowed at the Conservatory of
Flowers.
Section 7.12 of
the
San Francisco Park Code requires a permit for commercial
photography in San Francisco parks, and Sec. 7.17
requires the permit to be shown to a Recreation and Park
Department employee or police officer upon request.
Union
Square Park is managed by MJM Management
Group under contract with the Recreation and Park
Department. MJM Management issue permits, and require that
they and several other entities, as well as the City and
County of San Francisco, be named as additional insureds.
Additional information about City parks and rules
for filming and photography are available on the Recreation and Park
Department web site.
A permit is required for any commercial
photography, governed by Section 7.12 of
the San Francisco Park Code. Permits are issued by the
Recreation and Park Department.
Tripods may not be placed in the flower beds;
however, an exemption can sometimes be obtained with a
photography permit.
Contact the Director’s office at 415-753-7090 for
additional information.
The San Francisco Botanical Garden at
Strybing Arboretum is operated by the San Francisco Recreation
and Park Department and the nonprofit San Francisco Botanical
Garden Society.
San Francisco Port Parks
Some
parks are under the jurisdiction of the Port of San Francisco.
Section 6.11
of the San Francisco Port Code requires a permit for any
commercial photography in those parks.
San Francisco Redevelopment Agency Parks
Yerba Buena
Gardens, Pier 40, South Beach Harbor, and South Beach
Park are under the jurisdiction of the San Francisco
Redevelopment Agency, although conduct in these parks is
covered by the San Francisco Park Code, and permit
requirements are the same as for other San Francisco parks.
Yerba Buena Gardens is managed by MJM Management
Group under contract with the Redevelopment Agency. MJM
Management issue permits for Yerba Buena Gardens, and
require that they as well as the City and County of San
Francisco be named as additional insureds.
Permit Contacts
Permits for different locations are issued by different
agencies and private entities:
- For parks under the jurisdiction of the Port of San
Francisco, contact the
San Francisco Film Office
at 415-554-6241 or
film@sfgov.org.
- For outdoor photography at Yerba Buena Gardens, contact the
Yerba Buena Gardens Festival
at 415-543-1718; permits are issued by
MJM
Management Group (415-820-3550).
- For Union Square, contact MJM
Management Group at
415-477-2600.
- For Pier 40, South Beach Harbor, and South Beach Park,
contact Harbormaster Jim Walter at 415-495-4911 ext. 1045 or
James.Walter@sfgov.org.
- For all other locations in San Francisco parks, contact the
Recreation and Parks Department Film Permit Office at 415-831-5528.
- For all other locations in San Francisco, contact the
San Francisco Film Office at 415-554-6241.
Golden Gate National Recreation Area
Areas within the Golden
Gate National Recreation Area are under the jurisdiction of
the National Park Service.
Permit requirements are the same as those for National Parks. See the GGNRA’s Filming
and Photography page for additional information.
Section
3.68.080 (w) of the San
Mateo County Code requires a permit for commercial
photography. To issue a commercial photography permit, the
Parks and Recreation Department require
- A certificate of insurance providing general
liability coverage of $1,000,000, and naming San
Mateo County as additional insured.
- A fee of $217 per day per park.
For additional information, contact the
Parks and Recreation Department at 650-363-4020 or at
ParksandRecreation@co.sanmateo.ca.us.
Section
B14-54.4 of the
Santa Clara County Code requires a permit for commercial
photography; Section
B14-11.1 defines as “commercial” any photography that is
“performed under contract for profit or may be sold for
profit at a later date.” A permit may be obtained in
person at the Parks Administration office in Los Gatos or by
phone from the Parks Reservations Office at 408-355-2201. In
most cases, a permit can also be obtained on the spot from a
park ranger.
- An annual permit is available for $150, valid for
most Santa Clara County parks.
- A certificate of insurance is normally not required,
but may be required for larger photographic
projects, such as those involving sets, that put the
county at greater risk.
For additional information, contact the Parks
Reservations Office (number above), Reception at 408-355-2200
ext. 0, or by e-mail at parkinfo@prk.sccgov.org.
For large shoots that may require special conditions, contact
the Parks Use Coordinator at 408-355-2220.
Additional
contacts are listed on the Department
web site .
Section 603
of the Regulations
for Use of Midpeninsula Regional Open Space District
Lands requires a permit for any “filming operation
involving the use of film equipment, lighting, props, or
other similar materials, except for a single still, motion
picture, video, digital or other camera, for commercial
purposes.”
To issue a permit, the District require
- A completed permit application.
- A fee of $350 per day ($175 per half-day), which
is valid for any preserve operated by the
District.
A certificate of insurance is seldom required for still
photography.
For additional information, contact the District
at 650-691-1200 or by e-mail at permits@openspace.org.
The Midpeninsula Regional
Open Space District administer 26 bayland and
foothill open space preserves covering nearly 50,000 acres
in Santa Cruz, Santa Clara, and San Mateo counties.
Permits are required for all commercial photography; they
are intended to cover large-scale activity
such as commercial product advertising but not to limit
low-impact activity such as individual nature photography or
photography involved with weddings or similar events.
In many cases, permits can be waived for low-impact activity
for which the photographer observes all other regulations
such as remaining on trails; in most cases, there is no fee
or insurance requirement.
Section 2.08.050
of the Palo
Alto Municipal Code authorizes the city manager to
prescribe regulations for the use of any City property by
members of the public. Chapter 22.04
requires compliance with regulations for use of city
property and prohibits commercial activity without a permit.
Section
R1-21A of the Park and Open Space Regulations a permit
for any commercial photography.
For Baylands Preserve, call 650-617-3156; for Foothills Park
and other open space preserves, call 650-329-2423.
Additional information, including the Park
and Open Space Regulations, is available on the
Open Space and Parks page.
Foothills Park is open only to Palo
Alto residents and their guests; other parks, including
Pearson-Arastradero and Baylands Preserves, are open to the
public.
Section 14C-5
of the Santa
Barbara County Code requires a permit for still
photography on public or private property in unincorporated
areas of the County or on property controlled by the County
within incorporated areas.
Section 14C-6
(d) of the County Code provides an exemption for photography
that is solely for private or family use.
Section 14C-6
(f) of the County Code provides an exemption for low-impact
photography. The exemption is usually granted for stock and
similar photography that doesn’t involve models,
props, or crews, but the exemption must be requested in
writing from the County Film Permit Officer.
Section 14C-13
of the County Code requires a certificate of insurance
providing general liability coverage of $1,000,000 and
naming the County of Santa
Barbara as additional insured as a condition for issuing
a permit.
The Santa Barbara
Film Commission provide a summary
of permit requirements in the City of Santa Barbara. Detailed
permitting information, fee schedules, and a permit application
are available
in PDF on the Film Commission web site. Contact County Film
Permit Office at 805-568-3074 for additional information.
Photography in Santa Barbara County parks that
does not qualify for a permit exemption under Section 14C-6
(f) of the County Code requires a permit review fee and a
use fee. Fees for use of parks, buildings, and grounds
other than the County Courthouse range from $30 to $450 per
day. Fees for use of the County Courthouse range from $30
to $1,000.
Permit requirements for Santa Barbara
County parks are described in greater detail on the County
web site.
All commercial still photography, including
stock, editorial, and fine art, requires a permit from the
Department of Parks and Recreation. To issue a permit,
the Department require
- A completed permit application.
- A certificate of insurance providing general
liability coverage of $1,000,000 and naming the City
of Santa Barbara as additional insured.
The
Waterfront Department normally require that photography in
the Harbor area or on Stearns Wharf not interfere with vehicle,
vessel, or pedestrian traffic. Amateur photographers with
large tripods or other “professional” equipment who
are concerned about being questioned by Department staff may
wish to check in at the Harbor office before photographing.
Section
15.16.010 of the
Santa Barbara Municipal Code prohibits practicing or
conducting any occupation, business, or profession in any
City park or on any City beach without a contract with the
City of Santa
Barbara, and the Department of Recreation and Parks and
the Santa Barbara City Council interpret any still
photography intended for sale for profit as conducting a
business.
Section 17.13.030
of the Santa Barbara Municipal Code requires the permission
of the Waterfront Director, permits from the City, and
payment of appropriate fees for commercial photography on
Stearns Wharf.
Section
17.28.100 of the Santa Barbara Municipal Code states
similar requirements for commercial photography in the
Harbor.
The Santa Barbara
Film Commission provide a summary
of permit requirements in the City of Santa Barbara. Detailed
permitting information, fee schedules, and a permit application
are available
in PDF on the Film Commission web site. Contact Susan
Jang-Bardick, Facilities & Special Events Supervisor (SJang-bardick@SantaBarbaraCA.gov
or 805-897-1999) or Cindy Leyva (Cleyva@SantaBarbaraCA.gov
or 805-897-1982) for additional information.
Business License Tax
Section 5.04 of the
Santa Barbara Municipal Code requires an annual
business license tax for a photographer who shoots for
sale for profit, and is based in Santa Barbara or sells
images in Santa Barbara.
A photographer may choose to be licensed as a professional
(description C on the application form) and pay a fixed fee,
or as a home-based business or other business based outside
City limits (description A4) and pay the tax based on gross
receipts. Additional
information, including an application form, is available
on the City of Santa Barbara web site.
Section 22.350 of the
Los Angeles
Administrative Code requires a permit, an application
fee, and proof of insurance to use any City property for any
commercial still photograph of, or including any City
property. The Los Angeles City Council have delegated the
authority to issue filming and photography permits to FilmL.A.; to issue a permit,
FilmL.A. require
- A completed permit application. The
application fee is $45 ($450 if the crew
size is 15 or greater).
- A certificate of insurance naming the City of Los
Angeles as additional insured. The
required coverage is $500,000 ($1,000,000 if
the crew size is 15 or greater).
For additional information, see the FilmL.A. Film Permits
page or contact FilmL.A. at 213-977-8600 or info@filmlainc.com.
All commercial still photography, including
editorial, stock, and fine art, requires
- Reserving the site through the Los Angeles
Park Film Office.
The fee is $50/day ($100/day
if the crew size is 15 or greater).
- A permit from FilmL.A.
To issue a permit for Los Angeles City Parks, FilmL.A. require
- A completed permit application. The application
fee is $45 ($450 if the crew size is 15 or
greater).
- A certificate of insurance naming the City of Los
Angeles as additional insured. The required
coverage is $500,000 ($1,000,000 if the crew
size is 15 or greater).
Certain activities may require monitoring by
park staff and the payment of additional fees.
Special locations, such as Griffith
Observatory, require additional permissions
and fees.
The staff at Griffith Observatory are particularly
sensitive to commercial photographers attempting to
avoid payment of fees, and are likely to approach any
photographer using a substantial tripod or other
“professional” equipment.
Section 63.44 B.3 of
the Los
Angeles Municipal Code requires a contract with the Recreation and Parks
Department to practice or conduct any trade, occupation,
business, or profession, and the RAP interpret any still
photography that is intended for sale for profit as
conducting a business.
For additional information, see the FilmL.A. Film
Permits page, or contact FilmL.A. (213-977-8600) or the Los
Angeles Park Film Office (323-644-6220).
Sec. 5-3-337 of
the
Orange County Codified Ordinances
requires a permit for
all still photography on County property; however, Sec. 5-3-338
exempts photography that is solely for private use.
To issue a permit, the County require a certificate of
insurance indicating general liability coverage of
$1,000,000, and an endorsement naming the
County of Orange
and as additional insured.
The County require some specific language, on both the
insurance certificate and the endorsement, that many other
agencies do not require, and that may not be included on
standard insurance forms. These requirements are described
in the insurance instructions; the photographer’s
insurance carrier should read the instructions carefully.
Permit forms and insurance instructions are available on the
Customer Care
and Permit Services web page.
The fee for still photography is $150 per day, with a $500
surety deposit. The fee is good for any location in the
County, provided that all locations are listed on the permit
application and appropriate arrangements have been made with
County personnel responsible for those locations. An annual
permit for portrait photography is available for $150 plus a
$500 surety deposit.
Processing a permit application requires a minimum of three days.
For additional information about permits for locations other
than harbors, beaches, and parks, see the Customer Care
and Permit Services page or contact Dean Capalety at
714-667-8836.
Orange County Harbors, Beaches, and Parks
Permits for photography in County harbors, beaches, and
parks are issued by OC Parks; fees are the same as for other
areas in Orange County. To issue a permit, OC Parks require
a certificate of insurance indicating general liability
coverage of $1,000,000, and an endorsement naming the County of Orange and the
State of California as additional insured. OC Parks require
specific language not required by many other agencies, so
the insurance instructions should be read carefully.
Nominal time to process a permit application is five days,
but this often can be reduced if an insurance certificate
meeting all requirements is submitted with the application.
An annual portrait photography permit is available for $150
plus a $500 surety deposit; the permit can also be used for
most other still photography.
Insurance coverage must remain in effect for the entire year
for the permit to remain valid.
A photographer with an annual permit must make arrangements
with the supervising ranger for the park, or other
designated personnel, 48 hours in advance of the planned
activity; if the activity would minimally disruptive, the
48-hour requirement can often be waived, but the supervising
ranger must still be notified.
Information about County parks, including contact
information, is available on the Orange County Harbors, Beaches, and
Parks web site. Permit applications and sample
insurance documents are available on the OC Parks Filming
& Photography Permits page.
For additional information, contact OC Parks at 949-585-6427
or one of the other numbers listed on the Filming & Photography
Permits page.
© 1998–2010 Jeff Conrad
Last updated November 2010
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