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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."

8 of 301 comments (clear)

  1. Absurd by BWJones · · Score: 5, Interesting

    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.

    --
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    1. Re:Absurd by vmxeo · · Score: 5, Informative
      It's already happened to me and my friends, and more than once. Let me give you one example. I live near the Brooklyn Bridge. Next to the bridge is Fulton Ferry Park. From this park, you have a beautiful view of the Brooklyn Bridge and Lower Manhattan just beyond (shameless self-promotional shot of said park and view from just beyond)). Two friends of mine wanted to record a brief video message to send to their friend in France who was getting married soon, and we thought it'd be cool to shoot in the park. Upon entry to the park, 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 said we would need a) permit for filming (both city and state, since it's a state park), b) permit for a 'gathering' of people in the park for the 3 of us and c) proof of insurance. We then got into an arguement, since it clearly stated ON THE PERMIT it was only necessary for commercial use, and mine was clearly personal. His reasoning? My camera was "too professional looking". 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!).


      Another one of my friends who is a professional photographer has been...

      followed by 3 homeland security helicopter as he took pictures from the rooftops of several buildings in the area

      stopped and prevented by a NYC park employee from taking a picture of a building *belonging* to his employer (he just happened to be standing just off the sidewalk on a patch of grass that's technically a park)

      approached by security countless times for taking pictures of buildings from public areas

      Ok, I'm sorry for the venting, but there's an obvious anti-amateur photographer bent in this city. I've shot both with (for actual production projects) and without (personal). If you have a permit, you're gold. Cops let you go wherever you want. Federal marshals protecting government buildings become friendly. If you don't, you're treated worse then dirt. (end rant)

    2. Re:Absurd by BakaHoushi · · Score: 5, Insightful

      It also brings up another point.

      Why stop at cameras? Why not ban sketch pads? People sitting in the park drawing that sky scraper COULD be terrorists. Sure, they SAY they're an art student practicing drawing infrastructure, but better safe than sorry, right? Come to think of it, you can draw on anything. We better ban paper. Wait, You can still draw on your skin. We need to ban pens and pencils.

      Of course, cell-phones can transmit sounds from far away. Terrorists could be describing locations from up close to people far away to sketch. Good-bye phones. Especially since so many have hidden cameras in them.

      Of course, cops and all other law enforcement agents will have cam-corders on at all times, especially when giving your house a surprise inspection, or questioning you for "looking suspicious."

      Say, all that makes you NOT want to visit NYC? Well, I'd say that's mighty suspicious. Since when were YOU a terrorist sympathizer?

      Honestly, this bullshit has got to stop. We need to put our collective foot down and say "Enough is enough." We need to:
      1. Locate the nearest wall
      2. Locate local politicians
      3. Places 2. againt 1.
      4. Let the revolution begin

  2. One Sided Article by eldavojohn · · Score: 5, Interesting
    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?
    --
    My work here is dung.
    1. Re:One Sided Article by xigxag · · Score: 5, Insightful

      So basically, they grabbed this poor guy for b.s. reasons (brown-skinned plus camera = terrorist), and now they've got to come up with a whole mechanism to justify doing it again in the future.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
  3. motivation is people filming/photoing police by Anonymous Coward · · Score: 5, Insightful

    The motivation for this proposal is the recent cases of people being arrested for filming the police. There is a serious danger that abusive officers of the Law will be caught on camera, and the best way of stopping this, is to have an excuse to confiscate the media for being potentially "unlicensed".

    This was implemented very successfully in Soviet times. The excuse was "National Security", but, of course, no secrets will be revealed by taking a photograph of a random government building (and anyone with enough skill to cause trouble there will conceal his camera anyway). In fact, what was important was to hide the truth about what goes on, and you do that by only licensing people who reveal your version of the truth.

    So much curtailing of liberty in the past 6 years, any thoughts I had that I might be paranoid about my government are now out of the window. It's obvious what's happening - and because the population is more educated and aware than 50 years ago, and because this time round it's going to be done peacefully, but with sufficient technology to make insurrection impossible, it'll just take a little longer to bring it about.

  4. QuadPods selling for $99 by cheekyboy · · Score: 5, Funny

    I hope that quadpods are not part of the law, I will make a killing selling these so you will never break the law.

    Shh govt types who dont know what real work is.... i have a pentapod and sexapod and octapods ready too.

    I have a proposal, sack 100% of all middle govt goons.

    --
    Liberty freedom are no1, not dicks in suits.
  5. Re:The terrorists have already won by MarsDefenseMinister · · Score: 5, Funny

    You're forgetting one detail. We're going to drop a bomb on their head during their victory celebration. And, we're going to steal their camels.

    Plus, we're going to steal their culture and their food and sell it at Disney World.

    --
    No weapon in the arsenals of the world is so formidable as the will and moral courage of free men.-Ronald Reagan