Picture America | Film Commission Letter

minimum impact • no disruption • no permit
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Picture America without pictures of America
A Coalition of Concerned Citizens, Filmmakers and Photographers

An Open Letter to a State Film Commission
August 22, 2007
JOHN LONGENECKER
email: JL@PictureAmerica.org
Jim Fitzpatrick
California Film Commission
7080 Hollywood Blvd., Suite 900 • Hollywood CA 90028
Tel: 323 860-2960 • 800 858-4749 • Fax: 323 860-2972
website: Film.ca.gov • email: filmca@film.ca.gov |
Greetings:
Re: Personal Use / Commercial Use -- California Film Permits
As I see it Personal Use / Commercial Use for California Film Permits is bad law.
Years ago there was a U.S. Supreme Court decision [464 U.S. 417 (1984)] that may have
introduced the concept of Personal Use / Commercial Use related to motion pictures
and the use of VHS players by citizens in their homes for "personal use."
Soon, the misguided legal concept of Personal Use / Commercial Use for photo/video activity
made its way into one State Film Commission after another, and then on to local film offices,
as well as the National Forest Service and other government agencies.
Personal Use / Commercial Use ought have nothing to do with American citizens
taking still photos and video recordings. NO legal restrictions ought to be forced upon
what citizens can do with the original works they create.
In 2007 technology has moved ahead and American citizens now own digital still cameras,
digital video cameras, computers, with software from American companies like
Kodak and Apple and can work on still photos and video recordings and make printed
books, calendars, post cards of images, video DVDs and send images and video programs
up to the Internet -- all unlawful under Personal Use / Commercial Use codes.
It is not good enough to tell American citizens that laws related photo/video activity
regulations and codes for Personal Use / Commercial Use are typically not enforced
by local police departments, state and federal park officials and others government agencies.
The photo/video Personal Use / Commercial Use laws are set forth federal, state and local codes. American citizens risk detention, interrogation, arrest, fines, jail time and confiscation of their cameras and other personal property based on their photo/video activity.
It is typically unlawful for American citizens to shoot photos or make video recordings
without a Film Permit and a Liability Insurance Policy
based on Personal Use / Commercial Use laws all across America.
State Film Permit and a Liability Insurance Policy requirements.
In a word: It's NUTS!
Personal Use / Commercial Use is bad law. Period.
The California Film Commission often revises their model film permit ordinances
and works with local city government to draft their film permit codes.
Thus, the Personal Use / Commercial Use bad law is perpetuated, one town after another,
one state Film Commission official after another. On and on and on.
Photo/Video activity by citizens typically has a minimum impact in public areas.
It ought NOT be a discussion of "Personal Use / Commercial Use."
It ought to be about the requirement for government services for photo/video activity
that triggers the requirement for a Film Permit and a Liability Insurance Policy.
I am out to STOP Personal Use / Commercial Use bad law in California and across America.
JOHN LONGENECKER
minimum impact • no disruption • no permit
more facts and information here
send your comments and inquiries to JL@PictureAmerica.org |

Picture New York |

Basically, this [proposed NY City film permit ordinance] opens the door to unlimited police interactions with photographers and filmmakers, because under these proposed rules, if they were passed, basically everyone with a camera, including everyone with a cell phone, would be someone who might have to have a permit to do photography... with all the people out there with cameras, most people are going to be left alone. This is going to give the police license to stop people they want to stop for whatever reason they want. And you can imagine who the likely targets are of that sort of enforcement... People with dark skin, people who look suspicious in the eyes of the police... It's going to be the people who tend to be harassed by the police in other contexts. -- Christopher Dunn

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JOHN LONGENECKER
Directors Guild of America - director member
Online News Association - professional member
National Press Photographers Association - member
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