From: monson@caviar.ECE.ORST.EDU (Tyrus Monson)
Newsgroups: rec.photo
Subject: Re: photog. in Nat'l/State Parks etc.
Date: 13 Apr 92 17:15:44 GMT
Organization: Oregon State University, Corvallis

In article <1992Apr10.204000.9611@odin.corp.sgi.com> donl@glass.esd.sgi.com (donl mathis) writes:
>
>In article <1992Apr9.191828.6301@talon.ucs.orst.edu>,
>monson@caviar.ECE.ORST.EDU (Tyrus Monson) writes:
>
>|>   Generally, you do not need special permission to take and use photos
>|>   (though in recent history, some park rangers were abusing their
>|>    authority on the matter.)
>|>   Public access to certain areas of parks and (especially) wildlife refuges
>|>   are restricted. Your photographic activity will be accordingly restricted.
>|>   Photography, or any other activity, which is destructive to sensitive
>|>   habitat is going to be restricted. If your photographic activity
>|>   interferes with normal park activities (eg. you tell visitors to get
>|>   out of the way because YOU are a photographer) you will get in trouble.
>|>   And you might as well check with the authorities BEFORE you start 
>|>   erecting a scaffold to get a better view.
>|>   In simpler terms - use good judgement.
>|>   But the photos you take are yours use as you see fit.
>
>I like this answer, but you don't mention how you know these things.
>Issues like this are legal matters, I would think, and those sorts of
>things require justification, i.e. something written down somewhere and
>signed by the appropriate governing authority.  If you can post again
>and let us know how you found these things out, and what reliable
>reference we might sight when some park ranger abuses his authority,
                    ^^^^^"cite" 
>I'd be most grateful!
>
>- donl mathis at Silicon Graphics Computer Systems, Mountain View, CA
>donl@sgi.com

 A reasonable request, but I don't represent myself as a lawyer, so give
 me a little leeway. I read a statement from the Park Service that was
 published in a photo magazine awhile back. I don't remember the
 reference, and don't have time to hunt it down. Perhaps you could give a
 call to the Parks and report back.- i.e. save us impoverished grad.
 students the expense of a toll call.

 As a practical matter, Don, I don't think there is any question
 that the Park Service or Division of Fish and Wildlife has the right
 to restrict public access to certain sensitive areas. Posession of 
 a camera gives no special priviledges. Also, I do not think it is a 
 matter for dispute that you cannot interfere with Others' enjoyment
 of a National Park. Neither do I believe it is a matter of dispute 
 that the public-at-large is not permitted to undertake construction
 projects (building scaffolds or special blinds) without permission
 of the Park authorities.

 So, I think the only real issue here is whether or not you can take
 and own copyright to photos on public land without cutting a deal
 with the government ahead of time.
 I will maintain that photos I take in on public lands are mine to
 use. I don't need permission to take a picture of my neighbor's house
 (from the public street, of course!) so why should I need permission
 to take a picture of public land?