CA State Park photography permits

Just spoke with Helene Dervishian, the CA State Parks photography permit coordinator. You must now have a permit to photograph in the CA State Parks if it looks like you're a professional (i.e. nice camera or setting up shots that take time) according to her. Permits vary by county, park, and visit. For a simple still photography permit they are free, but the state review fee is $65 for each (possibly good for up to 6 months) a longer time period costs up to $200. You cannot get a blanket one year CA State Park permit. You must have photography insurance to finish the application. I have all the guidelines and contact information and can email them to you if you're interested. It sounds like photographing in CA state parks is becoming a bureaucratic nightmare. Without a permit, citations will be issued.

More information can be found here: http://www.film.ca.gov/ContactUs/index.html

here:
http://www.largeformatphotography.info/photo-permits/

and here:
http://www.film.ca.gov/Permits/index.html

I visited the ca.gov links you cited, but I can't find anything at all related to still photography.

Weird isn't it. When I spoke to Helene Dervishian this morning she specifically stated still photography with a SLR camera, and that permit review is $65 (permit is free). I know people who were warned that they would be cited if they didn't stop taking photographs. Some places are more agressive than others I guess.

David

Nothing has changed, you have always had to get permits if it's for commercial use. California is broke, they are just looking for any way possible to get more money by questioning anyone that has more than a point and shoot camera. You could have the best of the best gear and as long as you are just shooting for your own use, you don't need a permit.

Same permit system exists in Canada's Banff National Park etc. How do they differentiate between Professional looking photographers and "ordinary" folk?
Frank

Helene Dervishian, the CA State Parks photography permit coordinator told me that if you had a nice camera and took a lot of time setting up more than one shot, then you would be cited. Also that enforement varied throughout the state.

David

"Helene Dervishian, the CA State Parks photography permit coordinator told me that if you had a nice camera and took a lot of time setting up more than one shot, then you would be cited."

This is quite humorous, but the burden of proof is on them. Don't cave in to the fund-raising tactics of the California State of Deficit.

Sounds like you're guilty of being a professional unless proven innocent and your guilt is determined by the speed you work and a arbitrary decision about the look of your equipment. Happily no one's ever tried that one on me when I've been photographing in CA. As a disabled photographer I work pretty slowly and I'm definitely guilty of having a "nice camera".

I'll raise my hand, as one who's had this applied to them. It was in Castle Rock State Park in the Santa Cruz Mountains about 3 years ago, I think (before the recession and before the severe state budget problems of recent memory). I was at Sempervirens Point shooting with my Pentax 67II mounted on a tripod. I was off-trail a couple hundred feet from the parking area, so when I saw the ranger approaching my first thought was that. But instead he asked me if I was shooting professionally, that is, to sell. I said no (which is largely true, at least at present and at the time) and asked why. He went on to explain that photography for sale required a permit. I don't remember whether he said what would happen to some such person who lacked a permit - whether they'd be asked to leave, get a ticket, what the fine would be, etc.

I don't know how long he'd been watching me, but its true that I had been there for some time and taken my time to setup; I also had the medium-format camera on a tripod, and another one in my backpack. So it seems I fit the profile.

The light was bad that day so I gave up and left sometime afterward; I returned a couple of weeks later as a storm was lifting with much better results. I haven't changed anything I do when shooting in the California state parks as a result of this, but then again since my lifetime number of sales can be counted on two hands, I can represent myself as an amateur with a pretty clear conscience :-)

In no other state park have I ever had this come up. At Caswell State Park along the Stanislaus River in the valley, I've even had a ranger come up to me and chat about photography and the fall color, while I was setup in just the same way as above. And of course, Anza-Borrego Desert State Park crawls with photographers in a good February or March and would be easy pickings for a ranger wanting to enforce this, but I've never seen anything going on like that.

Appearance is usually all enforcement-types have to go on. Call it "probable cause" in their context. They have a list of things to watch for as indicators of potential illegal activity, just as a drug enforcement type has a list of indicators. They see something "suspicious" in their terms, they're gonna check.

Along those lines, enforcement is waaaaaaaaay up on workshops in national parks. Three or four photographers standing around with one waving arms and pointing, or several photographers set up to shoot the same scene, and a ranger visit and interview is likely.

In watching the process, it's easy to spot the instructors for unauthorized workshops..... They're the ones that disappear into the bushes as the ranger approaches!

I've even listened in as workshop leaders caution their participants not to tell rangers they're taking a workshop. That really makes me wonder whether they've bothered to buy liability insurance for their venture. If a park fee is too high, how bout doze insurance premiums?

Okay....here are my two cents from a guy who is charged with writing the citation. In my 22 plus years as a State Park Police Officer / Ranger I have never writen a citation for not having a film permit. The regulation is not a new one it's been on the books my entire career.
The section reads as follows:
Title 14 CCR 4316 Except where authorized by the Department, no person shall photograph, videotape or film for commercial (profit and sale) purposes in any unit, or portion thereof, owned, operated or administered by the Department without a permit from the California Film Commission, pursuant to Goverment Code 14998.8
What it comes down to is the letter of the law and the spirit of the law. The letter of the law says "you need a permit". The spirit of the law is to control commercial operations from setting up sets, building structures, cutting trees for a better view or in any other way prohib others from enjoying the park. If your out there in a place that is legal and what you are doing is safe then you are unlikely to be stopped or contacted unless the ranger has an interest in photography and wants to drool over your 600mm lens. If for some reason a ranger does make check for a permit it is problably because that park has an on going problem with another photographer or company. It's the old "one bad egg ruins it for everyone" I have to admit that I do not have a permit and parks are one of my biggest customers

Thanks Bob, I like the way you put it much better!

David

Thanks for the input Bob, but you kind of confused me. You say "The letter of the law says "you need a permit"", but in the paragraph before that line it says otherwise. Title 14 CCR 4316 "for commercial (profit and sale) purposes in any unit"

So reading this it says if it's for commercial use, yes you need a permit, if not then no you don't.

You have the best knowledge, so what is the correct answer.

Thanks

Your absolutely right it is very confusing and the law to my knowledge has never been tested in the courts when it comes to the individual pro photographer it has only been tested with corporations and movie companies. So this is my interpretation based upon my experience: If you are or represent a large company (like Coke, Pepsi etc.) you most definately need a permit. If you are hired by someone else to photograph for advertising- again you need a permit. If you are doing a model shoot whether for Playboy or Road and Track again the permit. If you are altering any aspect of the park, setting up large props etc. get the permit. If you are paid, to take the photograph you need the permit.
If on the other hand you are taking photographs in hopes of finding a market at a later date then at that moment you click the shutter you are not making a profit or a sale and therefore do not need a permit. Does that make it any clearer?
If you are hired, paid in advance, or have a contract to be paid, on a payroll etc. you need to get the permit otherwise you do not.
Now workshops are different it seams with CA state parks than with NPS. Workshops are educational and do not require a photo permit. Other permits may be required such as concessions permit or special event permits but each circumstance would be different.
Hope this helps

Yup, that makes sense. This is pretty much what I thought it was and I'm glad to hear it from you.

Thanks again.

Thanks for the clarification Bob. With the exception of the workshops, it sounds very much like the system in place in national parks. Individual photographers don't need permits unless they want to go somewhere closed to the general public, or where their activities are likely to become an attractive nuisance and require park staff to control traffic, etc. Permits are clearly needed if you have a crew, if you're using models or products in the photos, or if you're using sets. We make it a habit to stop into the park offices when we're going to be visiting for several days, just to ask the staff about sensitive areas or activities ongoing at the present. We clearly identify ourselves as photographers and do everything we can to represent ourselves as friendly and cooperative, with the best interests of the park foremost in our minds. More than once we've demonstrated out cooperative spirit by photographing people (and license plates) any time we see illegal activities, then turn the photos over to the park.