Commercial Filming and Photography

Photography is one of the most popular activities at Scotts Bluff National Monument.

NPS/Eric Grunwald

Changes to Commercial Filming Permits on Park Land

Effective October 28, 2022, the National Park Service (NPS) has rescinded interim guidance that was in place during litigation regarding commercial filming and has returned to longstanding laws and regulations governing commercial filming in parks.

 

Commercial Filming

"Commercial filming" means the film, electronic, magnetic, digital, or other recording of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to, feature film, videography, and documentaries. Commercial filming may include the advertisement of a product or service, or the use of actors, models, sets, or props.

When is a permit needed for commercial filming?
Under federal law, all commercial filming that occurs within a unit of the National Park System requires a permit. Federal law requires a permit for all commercial filming, no matter the size of the crew or the type of equipment. This includes individuals or small groups that don’t use much equipment, but generate revenue by posting footage on websites, such as YouTube and TikTok.

The primary focus of the NPS, however, is on commercial filming that has the potential to impact park resources and visitors beyond what occurs from normal visitor use of park areas. Examples of this type of filming are productions that use substantial equipment such as sets and lighting, productions with crews that exceed 5 people, and filming in closed areas, wilderness areas, or in locations that would create conflicts with other visitors or harm sensitive resources. All filmers, no matter the size, must comply with all rules that apply in park areas, just like other visitors.

For questions about commercial filming at Scotts Bluff National Monument, please contact us at 308-436-9700.

 

Still Photography

When is a permit needed for still photography?
In most cases, still photography does not require a permit. A permit is required for still photography only when:

1. the activity takes place at location(s) where or when members of the public are generally not allowed; or
2. the activity uses model(s), sets(s), or prop(s) that are not a part of the location's natural or cultural resources or administrative facilities; or
3. park would incur additional administrative costs to monitor the activity.

A “model” means a person or object that serves as the subject for still photography for the purpose of promoting the sale or use of a product or service. Models include, but are not limited to, individuals, animals, or inanimate objects, such as vehicles, boats, articles of clothing, and food and beverage products. Portrait subjects, such as wedding parties and high school graduates, are not considered models.