A few more thoughts for Bernie (and anyone else worried about
regulating our recording activities and publications).
Bernie, I've been thinking about why it bothers me to have my
recording activities regulated and taxed. Maybe part of it is my
INTP personality that likes some independence. But I think some of
it can be summarized in one sentence:
For me, nature recording is an expressive art and I feel that my
freedom of expression is protected by the First Amendment to the
Constitution.
Nature Recording as an Art
I am aware that some see nature recording as the mere collection of
sound effects. For me, however, recording is as much an expressive
art as photography, pottery, poetry, or painting. You have heard me
mention that I wish I could be the "Ansel Adams" of nature sound
recording. Truth is, time and other restraints make this unlikely,
but I do have a few good works in my collection and hope to add a few
more in my days.
I often go to great pains to choose a location, season, time of day,
appropriate weather conditions, ect. in preparing to record. This
may include significant expense in travel, obtaining permissions,
studying natural history and also includes choice of quality
equipment. Once in the field I can spend as much time and care
picking a mic location for the audio scene as any photographer or
painter would do in framing their work. Back in the studio the work
is cropped, edited, EQed if desired, and molded into the finished
piece which then expresses what I wish to convey about the natural
world. All of this sounds like the work of an artist.
Most of the recordists I know are currently producing "realist" or
"documentary" works of art in their recording. I have heard a few
works that go into the abstract and surrealism. I can imaging a
future where the recording art expands into modes we can hardly
imagine now. The artistic medium is young but will blossom. Even
though our work is largely realistic now, it remains an artistic
expression, our impression of the natural world.
Our Expression should be protected by the First Amendment
Most other more developed mediums of self expression enjoy hearty
protection from regulation and restriction. A journalist would never
seek government permission and pay a use fee before writing and
publishing a story about Yellowstone National Park. A musician
doesn't pay a fee to write a song about the Everglades. An artist
doesn't get a permit to paint the sunset over Grand Canyon. A
sculptor doesn't seek permission to sculpt the grizzly bear she saw
at Katmai NP. Nor should a recordist be submitted to any regulation
regarding the publication of sounds recorded in public lands.
True, some collection of media can involve impact beyond that of the
average park visitor. I should not be permitted to unduly disturb
wildlife, other park visitors, or endanger anyone. I should be asked
to compensate for unusual use of park resources and personel. If I
wish to bring a large crew and cast to a park and film a feature
movie there would be the need for extra care and impact fees. These
regulations and fees should fit the IMPACT OF THE ACTIVITY not THE
CONTENT OF THE MOVIE. The movie producer should not have to pay a
fee because the park was part of the subject of the story, only fees
related to extra expenses and impact his activities have had on the
park.
This is a critical difference that I think is overlooked in this
discussion. I do not object to regulations that relate to activities
outside the normal hiking, camping, observing, and enjoying the park
done by millions of visitors. Listening is a normal park activity,
even when assisted with electronic equipment. Only unusual
activities that HAVE UNUSUAL ADVERSE IMPACT should be subject to
unusual regulation and fees. My park entrance fee and normal park
regulations should suffice if my activities are as benign as those of
the average park visitor.
I would hope that the ACLU or some such interested party might help
us stand up for our civil freedoms of expression should any
regulations occur. Seems to me that such regulation is
unconstitutional. It also seems like it's easy to pick on us because
of our small numbers
Well, Bernie, I'll get off this little soap box. Thanks for
listening. I'll get back to my sounds in the studio. Had a great
year and looking forward to spring!
Kevin Colver
|