Picture America without pictures of America
A Coalition of Concerned Citizens, Filmmakers and Photographers

An Open Letter to a State Film Commission

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August 20, 2007

JOHN LONGENECKER
email: JL@PictureAmerica.org

Amy Lemisch • Jim Fitzpatrick
Lisa Mosher • Helene Dervishian • David Booth
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 |

Re: Personal Use / Commercial Use -- California Film Permits

Greetings:

I am a U.S. Citizen.

I own a digital still camera - it can record video.
I own a digital video camera - it can record still images.

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I am able to record still images one at a time or 30 per second.
I am able to record video that has a recorded audio track.

I often send original works of authorship I have created
to the U.S. Copyright Office in Washington D.C. for registration
as sole author and sole copyright claimant of original photo/video works.

Starting on say September 1, 2007,
and continuing through December 31, 2007,
I may travel to state parks and other California locations.
I may shoot still images and make video recordings in California.

I own an Apple Macintosh computer.
Apple offers iPhoto, printed Photo Books & Calendars, and .Mac Web Galleries for photos.
Apple offers iMovie, iDVD and .Mac Web Galleries for video.
Apple software can send videos direct to YouTube.
see: Apple.com/ilife/ |

Apple's new iChat/AV offers the ability
to utilize still photos and video recordings
as backdrops to video reports
that can be sent instantly anywhere in the world over the Internet,
and those iChat/AV reports can be recorded and incorporated
in video projects that end up on DVD copies and
sent directly to .Mac Web Galleries and YouTube
through new versions of Apple Mac OS X software.
see: Apple.com/macosx/leopard/features/ichat.html |

I receive personal training for possibly unlawful photo/video activity
from the one-to-one creative staff at The Apple Store locations
all across the USA at a cost of $99 per year.
see: Apple.com/retail/onetoone/ |

In 2007 the California Film Commission
ought not rely on an outdated Personal Use / Commercial Use legal concept
with respect to regulations governing the issuance of film permits.

Liability Insurance
I do not own a Liability Insurance Policy
for still photo or video recording activity.

California Government Codes
As an American citizen, is it possible that there are California Government Codes and
other statutes that make it in some way unlawful to:

1. Shoot still photos in California including State Parks
2. Make video recordings in California including State Parks
3. Make audio recordings in California including State Parks
4. Send my digital still photo images / video recordings into an Apple iMac computer
5. Use an iMac computer to create a photo slide show - with audio
6. Use an iMac to create copies of a printed Photo Book or Calendar of still images
7. Use an iMac computer to create edited video with audio
8. Use an iMac computer to send photos/video to .Mac Web Galleries
9. Use an iMac computer to send photos/video to YouTube
10. Use an iMac computer and iDVD to make video DVD copies
11. Incorporate photo/video elements in an iChat/AV report
12. Send weather and pet videos up to weather.com?

Show me the law.

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California Statutes
If there are California statutes that make
any of this described photo/video activity unlawful,
let me know the Code Numbers.

Criminal Penalties
If there are criminal penalties in California
related to Photo/Video activity,
where can I learn about those penalties.

Law Enforcement
Let me know of local city police officers,
or California Highway Patrol Officers,
or State Park officials that have the authority
to detain me, interrogate me, search my personal property, collect evidence,
arrest me and charge me with a crime
for Photo/Video activity in California
when I have NO PERMIT and NO LIABILITY INSURANCE POLICY.

Is it lawful for a California law enforcement officer to:
- detain me, question me, demand my personal identification, arrest me
- confiscate my digital still photo camera
- confiscate my digital still photo media card
- confiscate my digital audio media card
- confiscate my digital video camera
- confiscate my digital video tape
regarding my Photo/Video activity in California?

Show me the law.

Is it lawful for a law enforcement officer to charge me with a crime related to:

-- still photos I may post on the Internet at .Mac Web Galleries
-- video recordings I may post on the Internet at .Mac Web Galleries
-- printed Photo Books & Calendars with copies of photos I may make with Apple Mac software
-- photo/video elements I may have on my iMac and may post on the Internet at .Mac Web Galleries
see: Apple.com/dotmac |

Show me the law.

Do you know if Apple, Inc. knows about government film permit regulations
that may control the use of their software and other products by American citizens?

What about the Apple iPhone?
An iPhone can take photos! An iPhone can send photos instantly to the Internet.
Hundreds of thousands of iPhones will be bought and used by Americans.

Do you know if law enforcement officials have the authority to detain citizens
on a reasonable suspicion that photos may have been taken by an iPhone,
sent instantly to the Internet, and yet the individual has
NO PERMIT for photo/video activity and
NO LIABILITY INSURANCE POLICY as may be required by government regulations?

In 2007 I am reasonably alarmed by government regulations
regarding American citizens shooting still photos and
recording video in California, and all across America from Alaska to New York City.
I am clearly alarmed by proposed NY City photo/video regulations: http://PictureNY.org/ |

Film Permit Regulations across America as they are now
with the outdated "Personal Use / Commercial Use" model
provide that a U.S. citizen is required to have a film permit and liability insurance
to send weather or pet videos to Weather.com: http://uservideo.weather.com/ |

"Personal Use / Commercial Use"
I am seeking to learn and articulate what ought to be done
about government film permit regulations that limit the freedom of
citizens to shoot still photos and make video recordings across America.

With new technology like digital still cameras and video camcorders
along with computer software like Photoshop, iPhoto, iBook, iMovie,
FinalCut, iDVD, .Mac Web Galleries, YouTube, Blip TV and
other Internet and computer technologies
the old "Personal Use / Commercial Use" government film permit model
is unjust and no longer reasonably applicable.

In 2007 Digital Photo/Video Technology has moved way ahead of
the old, misguided "Personal Use / Commercial Use" government film permit process
as the blessings of liberty of American citizens are diminished.

Please take this inquiry seriously.
Photo/Video activity is what the California Film Commission regulates.
This is a California citizen / government policy issue.
This is a Constitutional / First Amendment issue for all U.S. citizens.

Government Photo/Video Permit policy impacts the lives of
typical American citizens, photojournalists, filmmakers and the entire community.

As I see it, there is a vast difference between an individual American
shooting still photos and recording video in California with minimum impact
and a motion picture or video production crew
that requires government services related to their photo/video activity.

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.

I am seeking answers, comments and questions to my inquiry, are you willing to respond?

Film Commissions all across America will need to come to grips with this new "Personal Use / Commercial Use" film permit challenge. Americans will shoot photos. Americans will record video. Americans will send their work up to the Internet, make printed Photo Books & Calendars and DVD copies by the millions. Americans will send their pet videos to Weather.com even if those videos were recorded on public property like California State Parks. They will have NO PERMIT. They will have NO LIABILITY INSURANCE. Film Commission photo/video activity regulations ought accommodate American citizens.

JOHN LONGENECKER

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Send your comments and inquiries to JL@PictureAmerica.org |

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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

Send us your comments, photos, local stories and links to JL@PictureAmerica.org |

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JOHN LONGENECKER

Picture America
A Coalition of Concerned Citizens, Filmmakers and Photographers
site: PictureLA.org |
site: PictureNewYork.org |
Picture America: PictureAmerica.org |
email: JOHN@JLemail.com | JL@PictureAmerica.org |