MISSION STATEMENT - This site is dedicated to professional music photographers. Our mission is to advocate sound business practices, warn against predatory client practices, provide helpful and educational resources, and foster a sense of community. All discussions related to capturing, processing, cataloging and licensing music photographs are welcome.
If you want to comment on the “Directive for Commercial Filming in Wilderness; Special Uses Administration” that was widely reported to allow charging people $1500 to take photos on federal wild lands you can do so here (deadline extended to Dec. 3):
I can’t make heads or tails of the directive pasted below but on Friday the Washington Post reported:
After receiving complaints about a proposal to require photographers to have a permit to shoot on federal wild lands, the U.S. Forest Service says it will make some changes to ensure it doesn’t violate First Amendment rights.
And that the news media and private individuals will not be asked to apply for a permit to take pictures.
Directive for Commercial Filming in Wilderness; Special Uses Administration
This Notice document was issued by the Forest Service (FS)
Notice of proposed directive; request for public comment.
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. The proposed amendment would address the establishment of consistent national criteria to evaluate requests for special use permits on National Forest System (NFS) lands. Specifically, this policy provides the criteria used to evaluate request for special use permits related to still photography and commercial filming in congressionally designated wilderness areas. Public comment is invited and will be considered in the development of the final directive.
Comments must be received in writing on or before November 3, 2014 to be assured of consideration.
Submit comments electronically by following the instructions at the federal eRulemaking portal at http://www.regulation.gov or submit comments via fax to 703-605-5131 or 703-605-5106. Please identify faxed comments by including “Commercial Filming in Wilderness” on the cover sheet or first page. Comments may also be submitted via mail to Commercial Filming in Wilderness, USDA, Forest Service, Attn: Wilderness & Wild and Scenic Rivers (WWSR), 201 14th Street SW., Mailstop Code: 1124, Washington, DC 20250-1124. Email comments may be sent to: firstname.lastname@example.org. If comments are submitted electronically, duplicate comments should not be sent by mail. Hand-delivered comments will not be accepted and receipt of comments cannot be confirmed. Please restrict comments to issues pertinent to the proposed directive, explain the reasons for any recommended changes, and, where possible, reference the specific section and wording being addressed.
All comments, including names and addresses when provided, will be placed in the record and be made available for public inspection and copying. The public may inspect the comments received at the USDA Forest Service Headquarters, Sidney R. Yates Federal Building, 201 14th Street SW., Washington, DC, in the Office of the Director, WWSR, 5th Floor South, during normal business hours. Visitors are encouraged to call ahead to 202-644-4862 to facilitate entry to the building.
For Further Information Contact
Elwood York, WWSR, at 202-649-1727.
Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.
1. Background and Need for the Proposed Directive
The proposed directive is necessary for the Forest Service to issue and administer special use authorizations that will allow the public to use and occupy National Forest System (NFS) lands for still photography and commercial filming in wilderness. The proposed directive FSH 2709.11, chapter 40, is currently issued as the third consecutive interim directive (ID) which is set to expire in October 2014. The previous directive addressed still photography in wilderness and did not provide adequate guidance to review commercial filming in wilderness permit proposals. The notice and comments are collected and used by Forest Service officials, unless otherwise noted, to ensure the use of NFS lands are authorized, in the public interest, and compatible with the Agency’s mission and/or record authorization of use granted by appropriate Forest Service officials.
2. Overview of Proposed Directive, FSH 2709.11, Chapter 40
The Forest Service is requesting public input with respect to Agency policy. Our intent with the issuance of this notice of proposed directive is to consider such input and, as appropriate, incorporate it into future policy. Certain suggestions, whether due to legislative or other limitations, may not be implemented through Agency policy, and we wish for the public to understand that as well.
The current language has been in place for 48 months. This proposal would make permanent guidelines for the acceptance and denial for still photography and commercial filming permits in congressionally designated wilderness areas.
Section 45.1c—Evaluation of Proposals
This proposed section would include criteria in addition to that of still photography to incorporate commercial filming activities. Furthermore, the Agency is proposing to clarify when a special use permit may be issued to authorize the use of NFS lands if the proposed activity, other than noncommercial still photography would be in a congressionally designated wilderness area.
The proposed directive for FSH 2709.11, chapter 40, section 45.1c is as follows:
45.1C—EVALUATION OF PROPOSALS
A special use permit may be issued (when required by sections 45.1a and 45.2a) to authorize the use of National Forest System lands for still photography or commercial filming when the proposed activity:
1. Meets the screening criteria in 36 CFR 251.54(e);
2. Would not cause unacceptable resource damage;
3. Would not unreasonably disrupt the public’s use and enjoyment of the site where the activity would occur;
4. Would not pose a public health and safety risk; and
5. Meets the following additional criteria, if the proposed activity, other than noncommercial still photography (36 CFR 251.51), would be in a congressionally designated wilderness area:
a. Has a primary objective of dissemination of information about the use and enjoyment of wilderness or its ecological, geological, or other features of scientific, educational, scenic, or historical value (16 U.S.C. 1131(a) and (b));
b. Would preserve the wilderness character of the area proposed for use, for example, would leave it untrammeled, natural, and undeveloped and would preserve opportunities for solitude or a primitive and unconfined type of recreation (16 U.S.C. 1131(a));
c. Is wilderness-dependent, for example, a location within a wilderness area is identified for the proposed activity and there are no suitable locations outside of a wilderness area (16 U.S.C. 1133(d)(6));
d. Would not involve use of a motor vehicle, motorboat, or motorized equipment, including landing of aircraft, unless authorized by the enabling legislation for the wilderness area (36 CFR 261.18(a) and (c));
e. Would not involve the use of mechanical transport, such as a hang glider or bicycle, unless authorized by the enabling legislation for the wilderness area (36 CFR 261.18(b));
f. Would not violate any applicable order (36 CFR 261.57); and
g. Would not advertise any product or service (16 U.S.C. 1133(c)).
3. Regulatory Certifications
The proposed directive is incorporating Interim Directive FSH 2709.11, chapter 40, section 45.51b into its parent text at section 45.1c. It will provide guidelines for accepting and denying still photography and commercial filming applications in congressionally designated wilderness areas. Agency regulations at 35 CFR 220.6(d)(2) (73 FR 43093) exclude from documentation in an environmental assessment or impact statement “rules, regulations, or policies to establishService-wide administrative procedures, program processes, or instructions.” The Agency has concluded that this directive falls within this category of actions and that no extraordinary circumstances exist which would require preparation of an environment assessment or environmental impact statement.
The proposed directive has been reviewed under USDA procedures and Executive Order 12866 on regulatory planning and review. It has been determined that this is not an economically significant action. This action will not have an annual effect of $100 million or more on the economy, nor will it adversely affect productivity, competition, jobs, the environment, public health and safety, or State or local governments. This proposed directive will not interfere with an action taken or planned by another agency, nor will it raise new legal or policy issues. Finally the proposed directive will not alter the budgetary impact of entitlement, grant, user fee, or loan programs or the rights and obligations of beneficiaries of those programs.
The proposed directive has been considered in light of Executive Order 13272 regarding proper consideration of small entities and the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A small entity flexibility assessment has determined that this action will not have a significant economic impact on a substantial number of small entities as defined by SBREFA. This proposed directive focuses on National Forest System special use permits regarding still photography and commercial filming in congressionally designated wilderness areas.
The Agency has considered this directive under the requirements of Executive Order 13132 on federalism and has determined that the proposed directive conforms with the federalism principles set out in this Executive Order; will not impose any compliance costs on the states; and will not have substantial direct effects on the States, the relationship between the Federal Government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the Agency has determined that no further assessment of federalism implications is necessary.
Consultation and Coordination With Indian Tribal Governments
In conjunction with Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” the Agency invited Tribes to consult on the proposed directive prior to review and comment by the general public starting November 29, 2013, and ending on April 30, 2014. The consultation process was initiated through written instructions from the Deputy Chief for the National Forest System to the Regional Foresters and subsequently to the Forest Supervisors.
Tribes were provided 120 days to discuss the proposed policy. During that time, Tribal Liaisons and Line Officers were available to review the proposed directive and answer Tribal concerns.
Through this Tribal consultation, the Agency has assessed the impact of this proposed directive on Indian Tribes and determined that it does not have substantial direct or unique effects on Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
The Agency has also determined that the directive does not impose substantial direct compliance costs on Indian tribal governments or preempt tribal law.
No Taking Implications
The Agency has analyzed the proposed directive in accordance with the principles and criteria contained in Executive Order 12630. The Agency has determined that the proposed directive does not pose the risk of taking private property.
Civil Justice Reform
The directive has been reviewed under Executive Order 12988 of February 7th, 1996, “Civil Justice Reform”. At the time of adoption of the directives, (1) all State and local laws and regulations that conflict with the directives or that impede full implementation of the directives were not preempted; (2) no retroactive effect was given to the directives; and (3) administrative proceedings are not required before parties can file suit in court to challenge its provisions.
Pursuant to Title II of the Unfunded Mandate Reform Act of 1995, (2 U.S.C. 1531-1538) the Agency has assessed the effects of the proposed directive on State, local and Tribal governments and the private sector. Therefore a statement under section 202 of the act is not required.
The Agency has reviewed the proposed directive under Executive Order 13211 of May 18, 2001, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.” The Agency has determined that the directive does not constitute a significant energy action as defined in the Executive Order.
Controlling Paperwork Burdens on the Public
The directive does not contain any additional record keeping or reporting requirements or other information collection requirements as defined in 5 CFR part 1320 that are not already required by law or not already approved for use and, therefore, imposes no additional paperwork burden on the public. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et al.) and its implementing regulations at 5 CFR part 1320 do not apply.
The Oly Mountain Boys love traditional bluegrass and they sing a lot of the songs written by Bill Monroe and the other pioneers of bluegrass: Ralph Stanley, Don Reno, Jimmy Martin, Earl Scruggs. They wanted to draw on the history of the place they're from the way they did when they wrote that classic bluegrass.
To further enrich the story and the character, the band sent out over 20 packets to writers and artists who will contribute their work to a booklet that will accompany the album. The Oly Mountain Boys said, "We think there's a lot of reasons to be excited about this concept - it unifies music with other art forms, and weaves it into a picture of Washington history. And as far as we can tell, nothing quite like it has ever been done in the bluegrass world before."
The Oly Mountain Boys play bluegrass with high-energy drive and a Pacific Northwest bent, mixing traditional tunes with revolutionary original bluegrass compositions. By combining picking prowess with tight three-part vocal harmonies, the band aims to showcase the power and appeal of a truly American musical form.
Jeff Brown & Still Lonesome are very excited to announce that their new means of transportation is a big blue bus. In celebration of this monumental and exciting event for the band, we're having a contest: Name That Bus!
Entries should be submitted via email to email@example.com, via private message on Facebook to Jeff Brown & Still Lonesome or private message on Twitter to @StillLonsome no later than 11:59 PM on Monday, November 10, 2014. The winner will be chosen by Jeff Brown & Still Lonesome and announced on Saturday, November 15th. The winner will also be notified via email and announced on the band's Website, Facebook and Twitter. Only one entry is allowed per person!
The winner of the Name That Bus contest will be awarded a Jeff Brown & Still Lonesome Prize Package that includes:
In the event more than one person enters the winning name, the person whose submission was received first will be declared the winner. Anyone associated with Jeff Brown & Still Lonesome including family may submit an entry for Name That Bus contest. However, should their submission be the winning name, they will be ineligible for the prize package. In the event that should happen, the prize package will go to the second choice from the Name That Bus contest entries.
Earning a living in a world where everyone has a camera means staying at the top of your game. Take advantage of these great opportunities to gain new skills and knowledge for free or with dramatic price reductions for ASMP Members. Join us:
Reaching New Heights with UAV Photography
Class 1: available on demand
Class 2: Today, Monday 9/29
1:00 – 2:00 pm EDT / 10:00 – 11:00 PDT
It’s not too late to register for ASMP’s new online learning course, which covers how to purchase, configure, control and safely operate the right UAV device for your needs. Check out the recording for the free introductory class, Is UAV Photography Right for You?, and register for the full course to get access to the on-demand recording of the first class and attend the remaining live classes. www.asmp.org/e-learning/UAV.
• • •
You Got the Call, Now What?
with Cristopher Lapp
Wednesday, October 15, 2014
1:00 – 2:00 pm EDT / 10:00 – 11:00 am PDT
Acclaimed fashion photographer Cristopher Lapp walks you through how he developed the budget for a recent large-scale fashion shoot, breaking down every step from the questions he asked the client to the final presentation of his estimate. Join us for tips, tricks and insights that will help you land your next big job.
This informative online webinar is free for all live attendees.
Join us Wednesday, October 15 — REGISTER TODAY!
• • •
Compensation for Photographers in the 21st Century
Tuesday, October 21 – 1:00 pm Eastern
Join host Richard Kelly for a conversation with ASMP Executive Director Eugene Mopsik about compensation for photographers. Gene’s experiences advocating on behalf of professional photographers — in negotiations with major publishers, before Congressional Committees, and during hearings at the U.S. Copyright Office — have given him a unique understanding of the forces at play, the pressure points that remain in the marketplace, and what photographers can do to overcome them.
This provocative online webinar is free for all live attendees.
Join us Tuesday, October 21 — REGISTER TODAY!
• • •
The Illumination Experience Tour
with renowned cinematographer, Shane Hurlbut
Tour ends November 17
The Illumination Experience Tour delivers an intense educational experience about the fundamentals of cinematography. Taught by Shane Hurlbut, A.S.C. — Director of Photography for 18 Hollywood films — this full-day workshop will teach you powerful principles and techniques you can immediately use in your filmmaking projects. Learn more at www.illumination-experience.com.
click here to save $25 on all registration levels.
• • •
Photo Plus Expo
October 30 – November 1
Javits Convention Center, New York
With over 80 seminars, keynote presentations featuring Martin Parr, Ben Folds and several prominent photojournalists working with A Day Without News, intensive Master Classes, Photo Walks and a huge trade expo, you won’t want to miss Photo Plus Expo this year! Register before July 31st and take advantage of their great early bird pricing. Learn more at photoplusexpo.com or download the PDF brochure.
Don’t miss these fabulous ASMP sponsored seminars:
Growing Your Business when Everyone has a Camera with Judy Herrmann
Road to Seeing: Nurturing Your Creative Sensibility with Dan Winters
click here to save $150 on a Full Conference Pass. Add a VIP swag bag for just $75 and get exclusive access to the Halloween Monster Mash party and a chance to win one of 100+ gold ticket prizes!
• • •
The Official Portfolio Reviews at Photo Plus
October 30 – November 1
Javits Convention Center, New York
The Official Portfolio Review at PhotoPlus Expo is America’s premier review event for emerging and professional photographers. Organized by the Palm Springs Photo Festival in conjunction with Photo District News and The Photo Group, this event offers a fabulous opportunity to meet and present your work for critique, feedback and advice. At no other time can a photographer see such a cross-section of potential clients/representatives from both the commercial and fine art arenas in a three-day period.
click here to save 15% on your registration – the best discount available!