An interesting legal photo question

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

11/02/2007 10:43:54 PM · #1

I was up shooting pictures today at a place where people ski in the winter (I'm being nebulous for possible challenge entries). Anyway, because I didn't know about whether the land was public or private I called the company and spoke with someone in the marketing department. She gave me permission to shoot for my own use, but indicated that commercial use would require both a release from them and a permit from the US Forest Service.

My question is what circumstance do you think BOTH would be required? I can't quite figure one out. If it's private land, I can understand needing a release from the ski operator. If it's government land, I can possibly see needing a USFS permit (although if this permit is the same thing as the national park photo permit I doubt it applies to me). However, I can't quite figure out how or why I would need permission from BOTH agencies.

Any thoughts?

GeneralE

Canon PowerShot S3 IS

11/02/2007 10:54:49 PM · #2

It might be Forest Service land leased to a ski "resort" developer/operator; you'd especially need a release from the latter if any man-made elements (other than maybe a road) are included.

However, I believe "commercial use" extends to using in printed materials, as stock, or any other widely-distributed form, but not to the sale of individual "fine-art" prints.

If you haven't already, I really recommend checking out the IP law books (for the non-lawyer) available from Nolo Press.

11/02/2007 11:18:21 PM · #3

Paul, if Nolo Press were a nacotic, you'd be behind bars for life on the three-strikes-and-your-out rule.... :)

Canon EF 24-70mm f/2.8L USM

11/02/2007 11:35:46 PM · #4

I wondered if the land was possibly leased, but you think that the USFS retains photo rights on the land it leases?

d56ranger

Canon EOS-20D

11/02/2007 11:59:36 PM · #5

In general, on federal land you may take pictures for private use without a permit; for any commercial use a permit is usually needed (it may be at no charge under certain circumstances). I won't speak for private properties.

In the situation regarding ski properties, the land is frequently under permit from the federal land management agency (Forest Service, BLM, NPS among others) and by regulation some sort of permit from the agency is usually needed for commercial use (in this case, for commercial photography). Think of it as: since the photographer is going to make money the agency wants a cut of it (analogous to the photographer paying a model for their work). As the situation above is described, I assume too that the land permit holder (who has a huge investment) also wants their cut.

I suggest you talk with the local District Ranger (if Forest Service) or their permit specialist. They really don't bite.
DISTRICT RANGER

posthumous

Canon EOS-40D

Canon EF 50mm f/1.8 II

11/03/2007 12:03:45 AM · #6

where's the "interesting" part?