However, fair compensation does not include the right to exploit the purchaser of the service. Like renting a dining room or a theater, price is based on the relative value of the theater, and not who rents it. Similarly, the use of a representative or agent to negotiate fees on a case by case basis is unacceptable. Not only would this be likely to result in a wide range of fees for the same or similar access to the park in question, but the added process of negotiation would make quick consideration of permits difficult. It is essential for the advertising industry that permitting be done in as expeditious a manner as possible.
Much advertising is done in reaction to the marketplace, or as a response to a competitor's actions.
Often, a commercial will go from concept to on the air in less than a month. Obviously, a lengthy review process would necessitate that producers find other locations. Determining the fair market value assumes that a price can be set based on comparisons to competitors in the marketplace. One competitor is private lands. However, filming on private lands does not require permitting or environmental impact statements.