Is It A Crime To Record In a U.S. National Park For Social Media?

As the Attorney That RIDES I try to live up to my reputation because i really LOVE riding and visiting new and exciting places. Some of those places i have visited in the past has been state and nationals parks in multiple states. A new rule has come down the pike from this government’s brilliant minds that say its a crime with fines and possible incarceration if you record in a park for GAB or Twitter uploads. This is just freaking insane to me!

I saw this video of this YouTuber just instructing his supporters and followers so I decided to fact check him. I went to the National Park Service (NPS) website and there it was in black and white!

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Federal law requires a permit for all commercial filming, no matter the size of the crew or the type of equipment. This includes individuals or small groups that don’t use much equipment, but generate revenue by posting footage on websites, such as YouTube and TikTok. The primary focus of the NPS, however, is on commercial filming that has the potential to impact park resources and visitors beyond what occurs from normal visitor use of park areas. Examples of this type of filming are productions that use substantial equipment such as sets and lighting, productions with crews that exceed 5 people, and filming in closed areas, wilderness areas, or in locations that would create conflicts with other visitors or harm sensitive resources.    

NPS Website Click Here!

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The Driving & Vibing team states, “Videographers just lost a big win from 2021, which granted free filming in national parks on a small scale. 

For decades, filming anything in the parks for commercial use or profit required a fee and permit. But one indie filmmaker bucked the system and said Hey! That’s unconstitutional! For a few months, anyone shooting in parks was free to do what they wanted unless it was a big Hollywood-type production. But now, anyone filming could face fines or even jail time.

Many of us are solo or duo vloggers. So, why should we care? Does this ruling really pertain to us?”

Rules Reversal for Filming in National Parks

The Drivin’ & Vibin’ Team continue to say in their blog that, “The Federal government, by law, charges fees and requires a permit to film on public land for commercial purposes. By commercial, we mean any project which intends to or might make money. 

Even if your project is for PBS, a nonprofit, you’d still need a permit and to pay a fee for simply inconveniencing the public, aka taxpayers, on public lands. You’re in the way near a street, and in the parks, you may be disrupting the land.

Where things get tricky is for solo travelers, vloggers, and YouTubers. This law was written before YouTube existed. Now, anyone with a phone can make content for profit. Even if you shoot a video in a park and put it on YouTube for free, the platform alone can make money from you. Suddenly, you need a permit and need to pay a fine.

Shooting content for YouTube and the laws that swarm around it has been a grey area ever since YouTube’s inception. It’s confusing, for sure. Needing a permit to shoot your vlog diary in a park seems odd.”

“Independent filmmaker Gordy Price sued the National Parks Service (NPS) and the US attorney general after receiving a fine. He won the case in 2021. He argued the Federal and State laws governing content with free speech were unconstitutional. And he won! 

Due to the lawsuit, the national parks changed their laws. Filming in parks for free is allowed with gear limited to one tripod and to what fits in your backpack. For now.

But here’s the rub: this new ruling is only an interim law. The parks appealed the verdict. And on August 23rd, 2022, the NPS won their appeal, which means we are back to needing a permit and paying fees to film anything for profit in a national park.”

Rules Reversal for Filming in National Parks

I just love what the Author of The Drivin’ & Vibin’ Team blogged so please go to their site to check them out. Moving forward, the The Drivin’ & Vibin’ Team further state that, “The Federal government, by law, charges fees and requires a permit to film on public land for commercial purposes. By commercial, we mean any project which intends to or might make money. 

Even if your project is for PBS, a nonprofit, you’d still need a permit and to pay a fee for simply inconveniencing the public, aka taxpayers, on public lands. You’re in the way near a street, and in the parks, you may be disrupting the land.

Where things get tricky is for solo travelers, vloggers, and YouTubers. This law was written before YouTube existed. Now, anyone with a phone can make content for profit. Even if you shoot a video in a park and put it on YouTube for free, the platform alone can make money from you. Suddenly, you need a permit and need to pay a fine.”

“Shooting content for YouTube and the laws that swarm around it has been a grey area ever since YouTube’s inception. It’s confusing, for sure. Needing a permit to shoot your vlog diary in a park seems odd.

Independent filmmaker Gordy Price sued the National Parks Service (NPS) and the US attorney general after receiving a fine. He won the case in 2021. He argued the Federal and State laws governing content with free speech were unconstitutional. And he won! 

Due to the lawsuit, the national parks changed their laws. Filming in parks for free is allowed with gear limited to one tripod and to what fits in your backpack. For now.

But here’s the rub: this new ruling is only an interim law. The parks appealed the verdict. And on August 23rd, 2022, the NPS won their appeal, which means we are back to needing a permit and paying fees to film anything for profit in a national park.”