ARTICLE -- New York May Require Photography Permits

[Bruce Osgood]

I too signed this afternoon. Number 1682

 

[Sirius Glass]

1910

Steve

 

[reggie]

Up to 4807 and counting....

 

[copake_ham]

Oops forgot to post before: #1573

 

[Jersey Vic]

5028 and counting..

 

[removed account4]

5185

 

[vanspaendonck]

And here is # 5308

 

[mmcclellan]

Looks like it's having an effect, folks! See the latest on this story:

http://www.nytimes.com/2007/07/28/nyregion/28film.html

Keep those cards and letter and e-mails going in . . . .

 

[MikeK]

This is pretty amazing - the power of the internet at work.

Just think of the problems getting our voice heard 20 years ago.

Mike

 

[copake_ham]

BTW: I think some kudos are due to the NY Times on this one. They picked up this story early on and stuck with it.

 

[copake_ham]

An ever rising chorus

Latest from the NY Times:

http://cityroom.blogs.nytimes.com/2007/07/30/a-shout-out-to-the-moftb/

 

[SuzanneR]

Whoa... there are over 10,000 names!!

 

[firecracker]

Here's another coverage:

http://www.democracynow.org/article.pl?sid=07/08/02/1455217

JEM COHEN: Well, I would just like people to think back about the tradition of New York street photography. It’s a tradition that’s very much integral to the city. And thinking back to the images that they’ve loved, people like Walker Evans or Lewis Hine or Garry Winogrand or Helen Levitt, and that’s a tradition based on spontaneity. That spontaneity is not really separable from the art form itself. And these regulations, in attempting to form a framework that isn't really about public safety, would really be endangering an art form that is so much a part of New York.

 

[firecracker]

http://www.nppa.org/news_and_events/news/2007/08/nycfilm.html

NPPA Voices Opposition To NYC Film Permit Rule Changes
†
DURHAM, NC (August 2, 2007) - Photojournalists and other concerned parties have until Friday to voice their public comments and complaints about the New York Mayor's Office of Film, Theatre and Broadcasting's proposed rule changes, and the National Press Photographers Association has sent New York City officials a letter objecting to the city's proposed film and photography permit requirements.
A letter from NPPA president Tony Overman to the MOTFB's assistant commissioner, Julianne Cho, acknowledges that the city has the right to place certain restrictions to ensure public safety (as it relates to large film productions), but that NPPA feels this new policy "goes far beyond that, and puts the average photographer at risk."
Overman also wrote that the permit plan goes against the public interest, in that journalists almost always cannot plan their news coverage in advance, and that the proposed time restrictions of 30 minutes on location makes it impossible for photojournalists to cover and explain events that take longer than a half hour.
"We understand that the proposed policy contains an exception for journalists who have a press pass from the New York City Police Department," Overman wrote, "but it is not the role of the NYPD to determine who is a journalist. Even if it were appropriate, this would not help photojournalists without a valid NYPD press pass who cover news, features, entertainment, politics and sports."
"We are offended at the notion that a city agency or police officer would have the power to keep a photographer from taking a picture or video on a public street. This permit rule change creates that very real possibility. City property belongs to the citizens and the city has no right to limit safe, constitutionally protected behavior in a public venue."

 

[Monophoto]

On the Tuesday night edition of MSNBC's "Countdown", the Mayor's Office of Film and Television was awarded Keith Olbermann's "Worst Person in the World" designation in recognition of this proposed rule.

 

[Monophoto]

From this morning's New York Times - the city capitulates!

http://www.nytimes.com/2007/08/04/nyregion/04filmmakers.html

 

[copake_ham]

From this morning's New York Times - the city capitulates!

http://www.nytimes.com/2007/08/04/nyregion/04filmmakers.html

Yes, but we have to watch their "Act Two" like a red hawk on Fifth Avenue to see what they propose as an alternative.

After a great first term - more and more we NYC'ers are getting concerned about Mayor Mike and his Chief of Police, Raymond Kelly.

With a recession coming on - things may be very different in town in a few months....

 

[firecracker]

I read the news at the site where we( I actually did also) signed the petitions:

http://www.pictureny.org/archives/67

But if you read the statement by the film office, which was linked from Picture New York on this move, it's still very unclear about the possible changes on the status on tourists with cameras and and visual artists with the use of cameras in public streets in general:

http://www.nyc.gov/html/film/html/news/090107_moftb_rules_redraft.shtml

August 3, 2007 - MayorÅfs Office of Film, Theatre and Broadcasting (MOFTB) Commissioner Katherine Oliver today announced that MOFTB will redraft proposed Charter-mandated rules for issuing permits to film or photograph on public property. The revision of the rules will take into account feedback MOFTB has received over the past two months. Public comment, which is scheduled to end today, will be re-opened for another 30-day period after the redrafted rules are published.

The decision to codify procedures came as part of a settlement from a recent lawsuit brought by the New York Civil Liberties Union (NYCLU). By reflecting existing procedures in City rules, MOFTB has endeavored to meet the challenge of identifying a threshold level of activity which necessitates a film permit, while at the same time substantially mirroring its current practices. The goal is to maintain a safe environment for the public, while balancing the needs of filmmakers whose work may have a significant impact on pedestrian or vehicular use of public space. A copy of the rules that were initially proposed is available on the MOFTB website at www.nyc.gov/film.

The proposed rules are designed to codify procedures that have existed in practice since the office was established in 1966 as the first film commission in any locality in the nation. MOFTB has always offered free permits requiring only liability insurance under certain circumstances. In addition, if warranted by the activity, it has also offered free police assistance to streamline filming in New York City. The permit has served as the filmerÅfs authorization to interact with, and stage production activity, on City property.

The rules were published on May 25, 2007 and a hearing on the proposed rules took place on June 28, 2007. In response to the significant interest in the rules, MOFTB extended the comment period through August 3, 2007. After August 3rd, MOFTB will be reviewing comments. Upon completion of this review, MOFTB will redraft the proposed rules, taking into account input and feedback it has received from interested parties, to more effectively strike the balance between public safety and the needs of filmmakers.

Among other things, the re-drafting phase will focus on meaningfully addressing concerns that sections (b)(ii) and (b)(iii) affected individuals who were not engaged in the type of activities traditionally regulated by MOFTB. These are the sections of the proposed rules that defined the conduct which triggered the requirement for a permit from MOFTB and included such considerations as the number of people involved and the duration of the activity. The redrafted proposed rules will then be published, a new 30-day comment period will be provided, and a public hearing will be held to consider the new proposal.

ÅgWe are dedicated to fulfilling our obligation to create film permitting rules as mandated by the City Charter,Åh said Commissioner Oliver. ÅgWe appreciate the feedback and collaboration of the production community in the City, and look forward to revising our proposal. Our office remains committed to providing our customers with expedited coordination of their film location work in the safest manner possible, so that the CityÅfs film and television industry can continue to flourish, free speech is protected and all parties can continue to film, photograph and enjoy the greatest City in the world.Åh

The proposed rules do not impact press photographers, who are routinely credentialed by the NYPD. Nor do they impose new requirements upon student filmmakers, who have maintained access to permit services for 40 years and who will continue to be able to meet their insurance obligations by coverage through their schoolÅfs insurance. Under the proposed rules, applicants who can demonstrate that they are unable to meet the insurance requirement will be eligible for a waiver of that requirement.

As the rulemaking process continues, its status and other required notifications – including notification of the publication of the revised proposal and the effective date of a final rule – will be posted on MOFTBÅfs website. For this information, as well as a current copy of the proposed rules, please visit the MOFTB website at www.nyc.gov/film.

It seems that the students with the school permissions will be okay, and so will the journalists with the NYPD permit passes. But what about the rest?

And in case nothing really gets better, will someone be kind enough to tell me where to get a 1-million-dollar-coverage insurance for tourists? I've never heard one.

 

[copake_ham]

I read the news at the site where we( I actually did also) signed the petitions:

http://www.pictureny.org/archives/67

But if you read the statement by the film office, which was linked from Picture New York on this move, it's still very unclear about the possible changes on the status on tourists with cameras and and visual artists with the use of cameras in public streets in general:

http://www.nyc.gov/html/film/html/news/090107_moftb_rules_redraft.shtml

August 3, 2007 - MayorÅfs Office of Film, Theatre and Broadcasting (MOFTB) Commissioner Katherine Oliver today announced that MOFTB will redraft proposed Charter-mandated rules for issuing permits to film or photograph on public property. The revision of the rules will take into account feedback MOFTB has received over the past two months. Public comment, which is scheduled to end today, will be re-opened for another 30-day period after the redrafted rules are published.

The decision to codify procedures came as part of a settlement from a recent lawsuit brought by the New York Civil Liberties Union (NYCLU). By reflecting existing procedures in City rules, MOFTB has endeavored to meet the challenge of identifying a threshold level of activity which necessitates a film permit, while at the same time substantially mirroring its current practices. The goal is to maintain a safe environment for the public, while balancing the needs of filmmakers whose work may have a significant impact on pedestrian or vehicular use of public space. A copy of the rules that were initially proposed is available on the MOFTB website at www.nyc.gov/film.

The proposed rules are designed to codify procedures that have existed in practice since the office was established in 1966 as the first film commission in any locality in the nation. MOFTB has always offered free permits requiring only liability insurance under certain circumstances. In addition, if warranted by the activity, it has also offered free police assistance to streamline filming in New York City. The permit has served as the filmerÅfs authorization to interact with, and stage production activity, on City property.

The rules were published on May 25, 2007 and a hearing on the proposed rules took place on June 28, 2007. In response to the significant interest in the rules, MOFTB extended the comment period through August 3, 2007. After August 3rd, MOFTB will be reviewing comments. Upon completion of this review, MOFTB will redraft the proposed rules, taking into account input and feedback it has received from interested parties, to more effectively strike the balance between public safety and the needs of filmmakers.

Among other things, the re-drafting phase will focus on meaningfully addressing concerns that sections (b)(ii) and (b)(iii) affected individuals who were not engaged in the type of activities traditionally regulated by MOFTB. These are the sections of the proposed rules that defined the conduct which triggered the requirement for a permit from MOFTB and included such considerations as the number of people involved and the duration of the activity. The redrafted proposed rules will then be published, a new 30-day comment period will be provided, and a public hearing will be held to consider the new proposal.

ÅgWe are dedicated to fulfilling our obligation to create film permitting rules as mandated by the City Charter,Åh said Commissioner Oliver. ÅgWe appreciate the feedback and collaboration of the production community in the City, and look forward to revising our proposal. Our office remains committed to providing our customers with expedited coordination of their film location work in the safest manner possible, so that the CityÅfs film and television industry can continue to flourish, free speech is protected and all parties can continue to film, photograph and enjoy the greatest City in the world.Åh

The proposed rules do not impact press photographers, who are routinely credentialed by the NYPD. Nor do they impose new requirements upon student filmmakers, who have maintained access to permit services for 40 years and who will continue to be able to meet their insurance obligations by coverage through their schoolÅfs insurance. Under the proposed rules, applicants who can demonstrate that they are unable to meet the insurance requirement will be eligible for a waiver of that requirement.

As the rulemaking process continues, its status and other required notifications – including notification of the publication of the revised proposal and the effective date of a final rule – will be posted on MOFTBÅfs website. For this information, as well as a current copy of the proposed rules, please visit the MOFTB website at www.nyc.gov/film.

It seems that the students with the school permissions will be okay, and so will the journalists with the NYPD permit passes. But what about the rest?

And in case nothing really gets better, will someone be kind enough to tell me where to get a 1-million-dollar-coverage insurance for tourists? I've never heard one.

Geez, didn't you earlier in this thread indicate that you have little intention of ever visiting NYC anyway?

So then, why do you care about this?

Seems to me that you have no "skin in the game" and just want to make some kind of noise.

 

[Roger Hicks]

Surely it must be disputable whether press photographers need to be 'credentialed' by anyone?

 

[firecracker]

Geez, didn't you earlier in this thread indicate that you have little intention of ever visiting NYC anyway?

So then, why do you care about this?

Seems to me that you have no "skin in the game" and just want to make some kind of noise.

I have several friends living there in real life, not online, and I do plan to visit them, but you know I didn't realize just having a camera around in public would be such a big deal in a free society...

Thanks for your rant anyway as always. And it shows that you certainly are not following the intent of the protest launched by Picture New York.

 

[firecracker]

Surely it must be disputable whether press photographers need to be 'credentialed' by anyone?

I have never heard of such a thing except for the rules held by the Japanese press club, which is the same club that the British had a long time ago. In Japan it's still part of the standard practice in journalism. But the public streets are still very public and free of such restrictions, even in Tokyo.

 

[David A. Goldfarb]

Surely it must be disputable whether press photographers need to be 'credentialed' by anyone?

Credentialed press photographers in New York City have access to more places than the general public. An official Press Pass, obtained from the Police Department, can get them past police barriers in many cases (as long as they don't interfere and aren't in any danger themselves, obviously), press areas at public events, or other areas where photography might be restricted or a tripod permit required. I think the application just requires a letter from the editor of the publication or agency the photographer is working for. I'm not sure how this works out for, say freelance photographers not affiliated with an agency or bloggers.

 

[Roger Hicks]

Credentialed press photographers in New York City have access to more places than the general public. An official Press Pass, obtained from the Police Department, can get them past police barriers in many cases (as long as they don't interfere and aren't in any danger themselves, obviously), press areas at public events, or other areas where photography might be restricted or a tripod permit required. I think the application just requires a letter from the editor of the publication or agency the photographer is working for. I'm not sure how this works out for, say freelance photographers not affiliated with an agency or bloggers.

Dear David,

Sure, I realize that. It's just that the way it was phrased made it look as if they might try to restrict press photography from the public street, which is assuredly Not On.

('Credentialed' in quotes because I much prefer the old word, 'Accredited'. But as an American grammarian is reputed to have said, "There ain't no English that can't be verbed.")

Cheers,

Roger

 

[David A. Goldfarb]

The NYPD, presumably after some easily avoidable lawsuits, seems to be reining in officers questioning photographers. See attached memo.

To be sure this wasn't an internet hoax, I found at least one article reporting this in the New York Post--

http://www.nypost.com/seven/04132009/news/regionalnews/shutterbugged_164159.htm

It's a tabloid, but this isn't the sort of thing they would make up. Also, here is a NY1 report, though it seems mainly to be citing the NYPost article--

Dead Link Removed

I'll be printing that out and keeping it in my bag.