The
federal government, specifically the U.S. Forest Service, is seeking to change
language in their rules which will allow them to penalize people who take photographs/still images and/or video images on
federal wilderness areas, meaning they, actually YOU, will need to pay a fee in order to take
a picture. I am a travel writer and photographer. My not so edited reaction is WTF?
Many
unwitting people are suggesting that this is not the directive of the
government. Well, I have read the directive and I can tell you what is
uniformly true of any government document: it is vague and open to
interpretation. My official and edited response during this public comment phase is listed below.
The Forest Service Handbook, states that only commercial filming activities
require a use permit when specifically, “that involves the advertisement of a
product or service, the creation of a product for sale, or the use of actors,
models, sets, or props … when created for the purpose of generating income.”
Here’s the newsflash for the federal government – any travel book, article,
collection of photographs, etc. is done by a writer or photographer for the
purpose of generating income – by it’s very definition that is our job. That
this directive is so poorly written and could easily be punitive is disturbing.
I encourage everyone to add their public comment HERE and make sure you include
that your comment relates to “Commercial Filming in Wilderness, Interim
directive (ID) 2709.11-2013.1” You have until November 3rd, 2014.
Click the GREEN button at the upper right labeled "Submit a Formal Comment." Otherwise images that I took, included below may not be seen much anymore.
In
Re: Commercial Filming in Wilderness: “The Forest Service proposes to
incorporate interim directive (ID) 2709.11-2013.1 into Forest Service Handbook
(FSH) 2709.11, chapter 40 to make permanent guidance for the evaluation of
proposals for still photography and commercial filming on National Forest
System Lands.”
I
am compelled to respond to the U.S. Forest Service’s proposed action to charge
photographers and writers for images taken in the 36 million acres of federal wilderness
areas across the U.S.
As
President Theodore Roosevelt wrote “There are no words that can tell the hidden
spirit of the wilderness, that can reveal its mystery, its melancholy, and its
charm.” And I heartily concur. As a travel writer with six travel books, many
of which include listings of state, local and regional parks and wilderness
areas, not to mention dozens of travel articles that feature these areas, it is
an important part of my job to document and photograph what are the compelling reasons
for guests to visit these areas. According to your proposed legislation, Interim
Directive FSH 2709.11, chapter 40, section 45.51b, “It will provide guidelines
for accepting and denying still photography and commercial filming applications
in congressionally designated wilderness areas.”
Whether
you understand it or not, people are visual creatures, and as such the primary
goal of an article or book is to draw visitors to wilderness areas based on
images more so than actual text. I have happily supported and promoted federally
protected lands all of my life. My goal as a writer and photographer is to get
people interested in these places and if that means it's a photograph of a stunning
vista, then that is the hook. Writers like me do not make a lot of money. Yes
we sell books, articles, we write blog posts, and write for websites but that
does not mean we are given remuneration such that it would cover a $1,500 fee
to photograph nature areas. Any attempt by the federal government to mandate
that we should sign a waiver and pay an upfront fee, or be denied a permit
and/or fined for doing our job, will result in catastrophic consequences for
the Forest Service. As President Theodore Roosevelt wrote, “There can be
nothing in the world more beautiful than the Yosemite, the groves of the giant
sequoias and redwoods, the Canyon of the Colorado, the Canyon of the
Yellowstone, the Three Tetons; and our people should see to it that they are
preserved for their children and their children's children forever, with their
majestic beauty all unmarred.” Travel writers like me never mar the landscape,
never harm these areas because we have such inherent respect for the natural beauty
that makes America great. We only seek to fulfill Roosevelt’s admonition to
preserve these areas for future generations.
Recently
I was working on a nationally distributed travel book and a California
wilderness area demanded that I pay an upfront fee to photograph part of it. I
explained that I did not have the financial resources to cover the fee and that
it was to their advantage to allow me to photograph the place, and thus promote
the area, bringing in revenue. They did not relent. Therefore, I cut them out
of my book entirely. That is a sad commentary specifically for the number of
tourists who could have visited. But to demand money from photographers,
writers and editors is a lunatic piece of legislation, which will backfire in
the long run. I for one, and other travel writers like myself, will not
tolerate in any way shape or form this kind of, what amounts to, extortion. We
support, promote and encourage travel to federal lands, but we will not be
coerced into paying a fee because the government cannot manage its own
resources – and it seems clear this is what this directive is about - money, or
your lack of it. We are all aware of budget cuts, which are affecting our parks
and wilderness areas. But there are other ways to increase revenue rather than
single out a specific segment of the population (writers and photographers),
which amounts to discrimination. If this legislation goes through, I will see
it as my duty and obligation as a writer to corral my travel writer colleagues
around the globe, not just the U.S., to boycott Forest Service lands. Do not
assume a small group of travel writers does not have much of an impact, we do.
Persistence of forcing a fee onto the back of writers clearly shows that you
cannot see the forest for the trees.
