City Proposes Limits on Public Photography, Filming

The Mayor's Office of Theater, Film, and Broadcasting, which coordinates film and television production and issues permits around the five boroughs, is considering rules that could potentially severely restrict the ability of even amateur photographers and filmmakers to operate in New York City. The NY Times reports that the city's tentative rules include requiring 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 $1 million in liability insurance. The regulation would also apply to any group of five or more people who would be using a tripod for more than ten minutes, including the time to set up the tripod. Does the Gorillapod count?

The New York Civil Liberties Union is concerned that due to the vagueness of the proposed rules' wording, that they could possibly be applied to amateur photographers or tourists taking snapshots or hobbyists making short movies for an online outlet like YouTube. The filming of political protests by participants isn't even mentioned, although it would certainly seem to apply. Christopher Dunn of the NYCLU accused the city of purposefully making the regulations vague to allow selective enforcement by the police, since the NYPD's selective enforcement of ambiguous laws usually results with citizens getting the short end of the legal stick.

The Times reports that the new codification of filming and photography requirements resulted from the 2005 detention and questioning of an Indian documentary filmmaker.

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.

Part of the City's settlement with Mr. Sharma was the current proposed regulations, which seems to narrow, rather than simply elucidate, the ability of visitors and New Yorkers to film and photograph freely around the city. If you're a street photographer interested in time-lapse series or careful composition, forget it or hurry up, because the cops could be coming for you.

The MTA considered a ban on subway photography in 2004. Even though the the proposed ban never went through, cops continued to threaten to confiscate cameras or memory cards years after the proposal was suggested. Hmm, is it time for another protest? The Office of Theater, Film, and Broadcasting will be publishing the final version of the rules at the end of July, and the rules would go into effect in August.

Photograph of tripod-toting photographers by seth_holladay on Flickr

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Dave Hogarty in News on June 29, 2007 11:37 AM

Comments [rss]

Ace

This makes sense, you can't have film crews shooting without insurance. Anything could happen. A wind can pick up a reflector, knock over a light, etc. What recourse would the injured party have? Would you drive without insurance?

guest

you can come to a rally tomorrow!

The First Amendment is NOT a legend

New York City You Are Free

Shout! Parade! Assemble! Film! Cycle! Dance!

I (heart) freedom I (heart) New York

JOIN the celebration

Union Square 6:30 pm Friday JULY 27

North End

Recite the first amendment:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

guest

Is it a coincidence that this is happening at the same time that the downtown "surveillance veil" is going up?

Ray Privett

guest

utterly ridickolous!!!!!!!!!!!

-shveckle

guest

As someone who has grown up in this city, I have to say that I am getting fed up with the people that have been put in charge. There are more stupid rules and regulations being thought up while serious problems keep getting worse and worse. I have always loved this city and I have to say that rules like this are the reason I am able to say that I am about done with this town and will be moving on and not looking back.

guest

How can we put our two cents in?

guest

So if I want to take some shots of my friend's band on the street for the cover of their self-released CD (which I'm doing as a favor) I'll need to pay the city for a permit and give even more to an insurance company or risk the wrath of the NYPD?

Wow. Stupid idea, unless... Maybe the police can start auctioning photo gear like they do with confiscated cars - then they could make even more money on this deal!

guest

I'm an artist who uses the medium of photography to make images of abastact architectural landscapes in the reflections of automobiles. Constantly people object to my working in the public space of the street and I'm hassled by building security, car owners, and police who already believe photography of property in public space is against the law. I'm fortunate enough not to have lost gear but on more than one occasion been chased, threatened with arrest, and had demands to hand over my film. Obviously I don't have to mention the kinds of things that happen when one attempts to inform the police about the law.

I understand the need for bureaucracy to control professional productions and believe there should be some controls in permitting certain types of commercial use of public space. However as an individual "professional" I have not yet earned much from my personal artistic pursuits and don't feel I should have to pay for a permit to follow my passions as if I were shooting a commercial still or film production.

I can only see these additional restrictions creating a worse situation where those unclear of specific "rules" will automatically assume anyone with a camera suspect and subject to punishment as is nearly the case already with our society's climate of constant fear.

This will effect me more than those with advertising contracts or tourists.

I suggest we also ban painters from setting up easels in the street as well. Who knows if that finely detailed oil rendering of a bridge is heading to someone with dastardly plans of destruction.

S.D.

"small group 2 or less" Would be a single person or just a couple, right?

That means people going for a Flickr stroll (say 3 to 5 people) needs a permit? IMO, that's unreasonable.

guest

i dont see what all the fuss is about

if you read the proposal it has clear exceptions for small groups and photographing parades/protests etc as a small group 2 or less..

i do understand there may be a concern for film students but that seems like something that could be worked into the wording.. after all it is still only a proposal and can be edited.

now anyone who doesnt fall into those two groups should need a permit and i dont feel that is unreasonable.

i myself being an amatuer photog who takes pictures constantly in the subway and at concerts/parades and sporting events feels not even for a second to be anymore threatened than I already am when having to deal with venue security or parks rangers...

guest

Let's see...the city has recently gone to court to rescind the Handschu consent decree forbidding the police to selectively film and photograph citizens who engage in political dissent + Most of the RNC arrestees and others wrongfully arrested have been proven innocent of any wrongdoing with videotape from citizen journalists + The recent NYPD Parade Permit regulations have made it possible for the police to arrest groups of teenagers and any others they feel free to selectively enforce the guidelines on + A ban on cameras in public which will be again selectively enforced by the NYPD as they see fit,etc. = A POLICE STATE

guest

One can also contact Commisioner Katherine Oliver.

Agent00Soul

From my personal experience, I think stopping people taking pictures is something that policemen just enjoy doing. This has been going on since before 9/11 - although it is exponentially worse now. I'm not sure why it's fun for them or why the precincts turn a blind eye to allowing the officers to get away with it. It's so trivial. What kind of person brags about stopping photos being taken - there's nothing brave or macho to brag about is there?

ed_Extinct

this will never pass or hold a grip. it's unconstitutional.

guest

Contact city hall to comment or compain:

By telephone: 212.489.6710

By fax: 212.307.6237

or dial: 311

guest

so will the nypd have to register for a permit every time they want to film protests?

i'm pretty sure film students are covered for restrictions like this with a blanket permit provided by their program - though who knows, I wouldn't be at all surprised if they tried to ink a deal with local film schools to line everybody's pockets just a bit more through tuition and fees to cover increased permits costs or some such bs.

guest

This is such bullshit, we cannot let this happen. Are there any campaigns to oppose this in the works?

guest

NYC is a lie.

guest

they don't care, they'll just break your camera in hopes of bankrupting you.

and believe me, they'll take pleasure in breaking your camera along with any bones.

guest

Just what the *&(^*&^% is becoming of NYC?

What's next? Will you have to pay a special tax to be able to pick your nose in public and flick the snot into the sewer?

This is what happens when you get a billionaire as mayor. He thinks NYC is a business. When are they going to start charging for these permits?

All we've seen out of this guy are increased fees, higher taxes, fines doubled...

And now this nazi bullshit? To hell with them all. If they want my camera they can come try and get it. The only way they will is from my cold, dead hands.

-Control

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