The problem is one of communication. The legal definition of “commercial use” is not what most people think. “Professional equipment” is exactly what? Selling a print is not commercial use, using the image to endorse camper gear is. Pros use Holgas as well as an SLR.

If your camera has an Auto setting and a pop-up flash then it can't be pro equipment can it? I have never seen (or heard) of a professional shooter using Auto and a pop-up flash for commercial work. If I use the same clubs as Tiger Woods am I a professional golfer?

Bit late to help you out but it is something to keep in mind. It is also easier to apologize than it is to ask permission.

Now if you were bringing in a $50k medium format camera that ONLY pros own and use, then I could understand it, and would admit to bringing in pro gear.

Also, let's look at the intent of your visit. You said you were out to take photos for your own learning, practice, and enjoyment. You didn't show up “on the job”. So, while you were trying to be honest, I think you screwed yourself. In a case like this where the liklihood of selling one of your photos is distant, and your gear is common, you clearly were not there as a “pro”.

If I were you, I'd go back and get the photos that attracted you to the place originally! Oh, and if it makes you feel better, at least they didn't throw you out and ban you like the Excalibur did to me!

I've been escorted out of the Santa Monica Pier in CA for taking pictures on the pier with a camera that also looked “professional” (I truly had no idea that they had any restrictions-I don't think there were any signs). Of course I have not marketed any as stock photos, but I've seen the Pier in other stock photos online.

Commercial use is so tricky to determine when photos or video are posted online. I can understand why a park would not want a crew of 5 or 100 people making movies without prior permission, but an independent tax paying American? I've seen many people with 4×5 view cameras at Grand Canyon National Park, and I doubt they paid a permit fee, so it must be dependent on the location.

One way to get rules like that changed or amended to be more fair is to start from the ground up with a petition and then contact your local representatives and write articles in the local paper. There many be a procedure that others can follow as well. Nothing's easy!

What you just have written about i have encounter so many times. I live in Sweden were we have a law that allows you to go everywhere in nature. But when I had a photo shoot where i needed some nice looking trees and gras in front where i was going to have a model holding a dog I went to the biggest park around and found a great place and when I later called them they wanted a amount around 500dollars but to get the permit we were not allowed to go on the grass. And I said What we need to be on the grass thats the whole point. No you will destroy it. Then I put in the comment that this park have tons of people waking there dogs and having picnics and so on that they destroy the grass more then ever we could do. NO was the answer.
Ok at this pint i was really angry and went out and found a new location to shoot at. Became at a cemetery no problems getting the permits. A few days later I got a faktura from the other park for the photo shoot. I called up this lady again and asked here what she was doing. She claimed that we did the photo shoot there and if the images was used they would reminisced the set and then they would send us a lawsuit. The funny thing is that we did not even get the permit at first.

So thats my little story. So I know how frustrated you must have been. I could just have gone there and do the shoot but just I tried to do it properly i got burned.

None of these parks have any desire to change their rules, and nor do I have the desire to give up a great shot in an effort to conform to their rules.

With regard to the tripod, don't be disrespectful to the ranger. Don't put it back in front of his face, or in a spot he'll likely return. But like I said, if you start using it and then he comes back, just say that you weren't totally clear on the rule he'd told you and that you're really sorry.

I'd rather say I'm sorry for doing something than be to afraid to do and miss the shot as a result.

Mr Park Ranger: “Do you intend selling your photos?”
Victor: “No, I do not intend selling my photos” [True]
… time passes …
Magazine editor: “Wow, we'll pay your $1500 bucks for one of your Flickr shots!”
Victor: “Great! I never expected that! Let's have a party.”
Victor reflecting later: “Well, sorry Mr Park Ranger. As they say: s*** happens.”

Ben,

This is not the kind of actions or attitude that we as photographers want to portray if we want to effect any kind of change in these types of regulations. Just my $.02 of course…

Todd

If a park ranger comes up to you and you have your tripod down and says that you have to put it away, do it. And then when you're far enough out of his sight, start using it again.

In the future, just go shoot. Don't call attention to the fact that you have a lot of gear. Don't use one of their buzzwords. The second you say you're a professional, they can't get over that fact. You'll never convince them to let you shoot once you say that.

I feel your pain, but you were the victim of a tick-box exercise (albeit in their heads). You said the 'wrong' thing and that was that as far as they were concerned.

I also think this is a different issue to the 'photography is not a crime' debate. You were just into the 'pro' category, but take it further – think about pros with lots of equipment, then think further to film crews making programs or films. They are all photographing one way or another. Hang on though – they are also WORKING. Suddenly they aren't a tourist out for a stroll – they are working in a public park. It then naturally follows they need liability insurance to protect innocent passers by who may trip over a lighting cable etc. Extreme I know, and not applicable to you. However, you fell in to that category. Just.

If it makes you feel better, there are similar rules in the Royal Parks in London, and I'm sure many other parts of the world – I think it's a mixture of getting some of the action from the pros while also making sure they get protection.

Anyway, any chance of SoCal meet up for shutterbugs? We could all go out and get harassed/arrested/permit-ed together. Could be fun!

Todd Walker

Next time just jell them you have a little Kodak Instamatic.