Unexpected price for news article

Scott Murray

Senior Member
Well having your story in the paper is not always such a good thing.

Got this letter today.

Hello Scott
Hope you had a great Australia Day weekend!

We haven’t had the opportunity to meet yet, by way of introduction, my name is Anja Toms and I am the Tourism Services Officer with the Tourism and Visitor Services unit here in Kakadu National Park. My colleagues and I work with tourism industry stakeholders and media crews on promoting Kakadu National Park as a world-class visitor destination.

On the Jabiru Noticeboard Facebook page I have recently came across your photographs – which are stunning – and my colleagues also pointed out a recent article in the NT News on your image of a Leichhardt grasshopper featuring on an Australia Post stamp.

I noticed that some of your photographs are for sale through your website, which includes images taken in Kakadu National Park.
And, to cut to the chase, I’m wondering if you’re aware that Kakadu National Park’s regulations on commercial photography vary from those that apply to national parks managed by the NT Parks & Wildlife Commission?

I realise that you probably weren’t aware of this requirement, but for any photographs taken in Kakadu National Park for the purpose of financial gain, you actually require a commercial image capture permit. A permit for existing images can be issued retrospectively and without much fuss,
and our team is more than happy to talk you through the application process for any new projects you may be planning.
You can download our permit application form from the website: For media and artists | Department of the Environment

Please don’t hesitate to contact myself or my colleague Lucas Fiddaman (8938 1176, cc’d) to have a chat about commercial photography in Kakadu National Park,
we look forward to hearing from you!

Kind regards

Anja Toms
Tourism Services Officer
Kakadu National Park
Parks Australia
Department of the Environment
PO Box 71 Jabiru NT 0886
Phone: 08 8938 1170 Fax: 08 8938 1117

And here is the 'Permit' which they speak of.

Screenshot 2015-01-27 17.58.01.png



Bare in mind that this is where I live and I am not a normal visitor. I have written back stating that I am a hobbyist and if people want to buy an image they can but I do not make a living out of it.
 

Lawrence

Senior Member
Well I would have two words to say to that a**hole and they wouldn't be "happy birthday"

I guess this is a great way of going about killing the promotion of your area.

What is the definition of commercialism?

This sort of stuff makes my blood boil.

PS He/she should be reminded that as the "tourism officer" they should be encouraging people to visit. Seriously how is the odd photograph sold going to penalise them?
 
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Scott Murray

Senior Member
Well I would have two words to say to that a**hole and they wouldn't be "happy birthday"

I guess this is a great way of going about killing the promotion of your area.

What is the definition of commercialism?

This sort of stuff makes my blood boil.

Definition of commercial from their permit.

Commercial purposes means carrying out an activity with intent of a reward,i.e. money, merchandise or services, or the possibility of future reward (if done for financial reward or commercialgain, under contract or consignment for another person, and/or with a view to being sold or hired out, or forpromotion/advertising of a product or service).
 

Lawrence

Senior Member
OK so if you expect future reward and pay the dollars is the payment tax deductible?

That is question 1.

Question 2 is what was your intent in taking a photo? How do they prove that you took it with the "intention" of selling it?

So when I visit if we go there and I simply take a photo to remember my trip and it turns out to be a world class Nat Geo job by fluke and I sell it for millions was that my intention or not even though at that point I can afford to pay the $50.00?

Just tell them it wasn't your "intention" but as it turns out there may be an interest from your viewers in purchasing it.
 

Ironwood

Senior Member
Well, that sucks, to put it politely.

Though I wouldn't have expected that you would be collared like that, I am really not surprised.
I recently read an article written by an Aussie Professional landscape Photographer, he went on about the authorities giving him a hard time when he was at Ulluru and some other significant landmarks.

Hopefully they will treat you reasonably seeing as you are a local, living in the area, and not some blow-in, there for a day or 2.
 

aroy

Senior Member
Well till quite recently, the situation was even worse in India. You had to pay for a "Permit" to shoot still photographs in the National Parks. Video was even more expensive, and for commercial photography prohibitive. Now a days with the advent of cameras in cell phones, they have relaxed the rules to charging for "Commercial" videos only.
 

Eduard

Super Mod
Staff member
Super Mod
Honestly, I don't see a problem. You did sell the image so it was a commercial activity. Pardon the pun but it seems pretty black and white to me.

I live about 5 miles from Valley Forge National Park. Like most US National Parks, there is a fee for commercial activities. Very similar to yours - take a look.
 

Horoscope Fish

Senior Member
Honestly, I don't see a problem. You did sell the image so it was a commercial activity. Pardon the pun but it seems pretty black and white to me.

I live about 5 miles from Valley Forge National Park. Like most US National Parks, there is a fee for commercial activities. Very similar to yours - take a look.
Have to agree with Eduard here. You took the photo and you're selling the photo. That really seems to about sum it up. In all honesty I have to say they seem to be handling this about as politely as anyone could ask for and I'm pretty certain that's not required. If it were me, I'd pay the fee and just get on with Life as I understand it. Hopefully you have bigger issues to concern yourself with than this trifle.
....
 

Scott Murray

Senior Member
Honestly, I don't see a problem. You did sell the image so it was a commercial activity. Pardon the pun but it seems pretty black and white to me.

I live about 5 miles from Valley Forge National Park. Like most US National Parks, there is a fee for commercial activities. Very similar to yours - take a look.
The photo in question was taken over a year ago now, I had no intention of selling it at that time. So are you saying that all photos that are taken and someday maybe sold randomly is a commercial act? How am I supposed to determine when I am out taking photos that I am operating at a commercial level or tourist level?
 

Scott Murray

Senior Member
Have to agree with Eduard here. You took the photo and you're selling the photo. That really seems to about sum it up. In all honesty I have to say they seem to be handling this about as politely as anyone could ask for and I'm pretty certain that's not required. If it were me, I'd pay the fee and just get on with Life as I understand it. Hopefully you have bigger issues to concern yourself with than this trifle.
....
My issue is that if I want to go take a photo which I may sell I have to apply for a permit, each permit takes up to 14days and costs $30 per day. I live in this National Park so really this permit system needs to be updated. I am not arguing that I do not need to pay it but honestly if I am going to pay $30 per day to take a photo I just wont bother.
 

Horoscope Fish

Senior Member
My issue is that if I want to go take a photo which I may sell I have to apply for a permit, each permit takes up to 14days and costs $30 per day. I live in this National Park so really this permit system needs to be updated. I am not arguing that I do not need to pay it but honestly if I am going to pay $30 per day to take a photo I just wont bother.
You are bringing up some good points...

I would assume when taking photos in such places, you would simply have to tag those photos as non-commercial; meaning they would not be posted to your website since your website contains images that are for sale? I put a "?" at the end because I'm not really sure...

....
 

Eduard

Super Mod
Staff member
Super Mod
You are a semi-pro, right? If you think there is a possibility that you might use it commercially in the future, why wouldn't you pay the fee? If you decide afterwards to use it commercially, they seem to be pretty flexible to let you pay afterwards with no penalty. Is that their standard policy? If not, and it was me as a professional photographer, I'd pay the fee or see if they have an annual rate.

In the US, if I sell a random image as you described, I would be required to report it as income. By that definition, it IS a commercial act.

The only other option I can see is to religiously separate potential commercial and personal activities / images.
 

AC016

Senior Member
Money grab. Since Scott had no intention of taking photographs for "commercial purposes" as the park defines it, they (the park) are simply going after him for the money. And what is $30 AUD going to give them if they do get it? In my opinion, this is just a tax on top of a tax. Where i come from, National Parks are funded by the taxpayer, like me. Don't want to get all biblical on folks, but it's nature and nature was God's gift to us. We should be free to take photos of it, when and where we want. The government is getting ridiculous with all the little ways they find to take money from us. Stand your ground Scott.
 

Moab Man

Senior Member
We have the same kind of garbage here in the states, which is funny since it's supposed to be the public's lands.

I can see the whole permitting process if we're talking about bringing in a crew and disrupting the normal flow of things, but not a person carrying a camera.
 
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traceyjj

Senior Member
We have the same kind of garbage here in the states, which is funny since it's supposed to be the public's lands.

I can see the whole permitting process if we're talking about bringing in a crew and disrupting the normal flow of things, but not a person carrying a camera.
I was trying to find the right words to say exactly what you did.
 
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