Permit May Be Required For Public Photography in NYC

G4Cube passed us a link to a New York Times article about a troubling development in public photography rights. New York City is considering requiring a permit for photographers, film-makers, and even possibly tourists who want to shoot imagery in the Big Apple. "New rules being considered by the Mayor's Office of Film, Theater and Broadcasting would require any group of two or more people who want to use a camera in a single public location for more than a half hour to get a city permit and insurance. The same requirements would apply to any group of five or more people who plan to use a tripod in a public location for more than 10 minutes, including the time it takes to set up the equipment. Julianne Cho, assistant commissioner of the film office, said the rules were not intended to apply to families on vacation or amateur filmmakers or photographers. Nevertheless, the New York Civil Liberties Union says the proposed rules, as strictly interpreted, could have that effect. The group also warns that the rules set the stage for selective and perhaps discriminatory enforcement by police."

Comments

Absurd

[BWJones]

Oh great. Just what we need are more incidents like this and this. Who gets to define "amateur"? Or how about what is really going to happen is simply giving the police more latitude in harassing photographers who are operating from open, public spaces already paid for in taxes by the taxpayer? From this text Mr. Dunn suggested that the city deliberately kept the language vague, and that as a result police would have broad discretion in enforcing the rules. I'd say that it looks like it. Also, from the article who plan to use a tripod in a public location for more than 10 minutes, including the time it takes to set up the equipment. Why a tripod? Does that make for a professional? If so, I must be a triple professional, because I have three tripods. ;-) Seriously though, this is the sort of law that sounds like it was put together over a drinking game by a couple of high school students, but in reality it has been assembled by a group of mid level government bureaucrats who obviously have not thought very far down the road as to the possible implications, legal or otherwise. For instance, The draft rules say the office could take up to 30 days to issue a permit, but Ms. Cho said she expected that most would be issued within 24 hours. leading me to wonder: Will the film student, of which there are many in NYC have to now go and apply for a permit and a $1 million dollar insurance policy for every single class assignment? What about the news agencies who might have to report on breaking stories? Will they be breaking the law covering the news?

This is simply absurd and as a photographer, I will *not* be traveling into NYC if this proposed policy becomes law.

Re:Absurd

[nbauman]

I was immediately stopped by a park employee who wanted to know what I was doing with my video camera. After explaining what we wanted to do, he told us we would need a permit, which he conveniently had nearby.
He then told me I could either pay for the permits then, or leave the park immediately (under threat that if I didn't, he'd call the cops!).
You could pay him for the permit? Right then and there? That's ridiculous. The permits are issued by the Mayor's Office for Film, Theater and Broadcasting (which is only open Monday-Friday 8:30am-4:30pm). He was trying to shake you down.

As one of the other posters said, I would have called him on it, and let him call the cops. (In NYC, you have to be confrontational just to get through the day.)

I would have asked him for his identification -- and taken his picture. Turn on the camera and ask him to tell you on camera that you need a permit and he can sell you one right there.

I think that would be a good video. Go around the City with a camera, and record park department employees and cops when they come up to you telling you that you need a permit, and record the idiotic conversations that ensue. "I'm an amateur. What makes you say I'm a professional?" etc.

Go to the Mayor's Office for Film, Theater and Broadcasting and ask them, on camera, how they tell the difference between an amateur and a professional.

Tell them at the Mayor's Office those stories you've just told us, and ask them how you're supposed to get a permit just to take a video of some friends.

One Sided Article

[eldavojohn]

This article is pretty one sided (not that that is bad) so I'm wondering what happened or what is the cause of these new laws?

Usually when you change the law, it's because something happened. I would like to know what failure the current laws have suffered and I didn't really find there to be a lot of comments from the New York City government on this issue, just civil liberties groups.

So as far as I can guess, there are two possible reason. The first is the ole' terrorism card where we can't have people that might be terrorists casing targets and what not. The second possible reason is that it is becoming easier and easier to garner thousands of viewers (like the article mentions) via sites like YouTube by posting your work online. Is the city targeting these people the same way it targets major Hollywood film companies?

I'm kind of disappointed this article didn't accurately reflect both sides of the issue. I can see several downsides to these laws but is there at least a reason for changing them in the first place? Not a lot of information here from NYC.

The Mayor's Office of Film, Theatre & Broadcasting seems to be concerned primarily with fining large companies. The free permit you can apply for online states:

The permit we issue to your production is free of charge, and provides access to public locations and street parking for essential production vehicles throughout 300 square miles of public settings in the city's five boroughs, including 27,000 acres of city parks.

When your project is shooting at an exterior location which requires traffic control, or has a scene with prop firearms, weapons or actors in police uniforms, you must request that the NYPD Movie and TV Unit be assigned to your location. The police unit will assign its officers at no charge to you.

All decisions about what is permitted are made by the Mayor's Office of Film, Theatre & Broadcasting, working in close consultation with the NYPD Movie & TV Unit, and other key city agencies. We have the experience and resources to facilitate your production requests.

Filming in city parks, interiors of city buildings, bridges, subways or tunnels will require additional permissions from the controlling entities. Please contact our office to obtain specific contact information. Which seems fairly reasonable for one of the largest & most densely populated cities in the United States. With amatures having an easier means of publication, the laws could change to keep NYC's MOFTB informed of filming on a regular or extended basis.

Now, I'm well aware of the abuse that police & law enforcement could use this for against citizens, tourists & people of certain ethnicities, but I think the article already adequately reflected the concerns.

What was glossed over was the apparent good these laws would do:

Mr. Dunn said most of the new rules were reasonable. Notably, someone using a hand-held video camera, as Mr. Sharma was doing, would no longer have to get a permit. So, am I to believe that there's a few laws that are questionable while other laws are going to protect people (as in Mr. Sharma's case) from being arrested? Sounds pretty reasonable to me.

Still, it really causes one to wonder, what's the reason for the change in these laws?

Re:One Sided Article

[niceone]

Still, it really causes one to wonder, what's the reason for the change in these laws?

It is in the article (right at the end):

In May 2005, Rakesh Sharma, an Indian documentary filmmaker, was using a hand-held video camera in Midtown Manhattan when he was detained for several hours and questioned by police.

During his detention, Mr. Sharma was told he was required to have a permit to film on city property. According to a lawsuit, Mr. Sharma sought information about how permits were granted and who was required to have one but found there were no written guidelines. Nonetheless, the film office told him he was required to have a permit, but when he applied, the office refused to grant him one and would not give him a written explanation of its refusal.

As part of a settlement reached in April, the film office agreed to establish written rules for issuing permits. Mr. Sharma could not be reached for comment yesterday.

Re:Absolutly Insane

[Threni]

> Arrested for gazing upon a copyrighted building design. Come on...

I was in the US a few years ago (2003, on..how you say..vacation from the UK) and was taking pictures of the big black building in Pittsburgh which looks like it should be in a Batman film, when a fat guy in a uniform came out of it and told me I couldn't take pictures. Clearly he was wrong - all I had to do was to walk around to another part of the building where he couldn't see me (or couldn't waddle up to me fast enough to stop me) but it was a little unsettling as I didn't want to spend the next few hours talking to the police about how I wasn't a terrorist, or get deported.

So I think this sort of law just formalizes harassment that I'm sure many other people have received for a while now.