New Public Photography and Film Making Rules
The City of New York has issued new proposed public photography and filming rules, including when permits are required. According to the press release on nyc.gov, the rules would be:
These seem pretty reasonable on the surface - this is pretty close to the unofficial status quo which is you generally need to get a permit right now if you are setting up stuff on a sidewalk. I like how Obstruction is defined: as assertion of exclusive control. This definition could go a ways toward curtailing police harassment of grassroots journalists. Credentialed press however is a rather archaic idea - especially for street reporting. Credentials are only necessary or reasonable when you have limited space usually in an enclosed area. Readers should watch closely for reaction from other civil rights watch dogs like Norman Siegel and Eileen Clancy.
Recall that this is the second time around on these proposed rules. Bloomberg's Office of Film was embarrassed into retracting their first draft of these rules for being too stupid and fascist. Citizen opposition to the first draft was well lead by PictureNY.org. An amusing detail in today's press release is a so called "thank you" from the Office of Film to various photography organizations who contributed to this revision (groups who no doubt where not consulted the first time around) - conspicuously missing from the list of appreciated parties is Picture NY:
Priceless! Reminds me of how Quinn always takes credit for "stopping" the first round of NYPD Parade Permit Rules, when actually it was the grassroots groups that later became the Assemble For Rights coalition. No resistance effort is sweeter than when they DON'T mention you!
Under the new draft of the proposed rule, a permit would be required if equipment or vehicles are being used by the production or if the filming activity creates an obstruction. “Equipment” is defined as film cameras, videocameras, lights, sets, and other production related materials, but does not include hand-held devices or tripods.
“Obstruction” is defined in the proposed rule as the assertion of exclusive control over a public space resulting in the obstruction of one or more lanes of a street or walkway, or when production activity results in either less than eight feet or one-half the width of the sidewalk or passageway (whichever is greater) being available for unobstructed sidewalk use by pedestrians.
A permit would not be required if the production uses hand-held devices or tripods, its activity does not present an obstruction, and it is not using equipment or vehicles. An optional permit would be available in these instances, and would not require liability insurance.
The rules would also not impact press photographers, who are routinely credentialed by the NYPD, or student filmmakers, who meet their insurance obligations by coverage through their school’s insurance program.
As a general matter, City agencies’ procedures for the issuance of permits must be contained in formally adopted rules. The City Charter’s rulemaking process requires that City agencies publish proposed rules for public comment. Public comment is now open for this current draft of the rule, with a hearing scheduled for December 13, 2007.
“Obstruction” is defined in the proposed rule as the assertion of exclusive control over a public space resulting in the obstruction of one or more lanes of a street or walkway, or when production activity results in either less than eight feet or one-half the width of the sidewalk or passageway (whichever is greater) being available for unobstructed sidewalk use by pedestrians.
A permit would not be required if the production uses hand-held devices or tripods, its activity does not present an obstruction, and it is not using equipment or vehicles. An optional permit would be available in these instances, and would not require liability insurance.
The rules would also not impact press photographers, who are routinely credentialed by the NYPD, or student filmmakers, who meet their insurance obligations by coverage through their school’s insurance program.
As a general matter, City agencies’ procedures for the issuance of permits must be contained in formally adopted rules. The City Charter’s rulemaking process requires that City agencies publish proposed rules for public comment. Public comment is now open for this current draft of the rule, with a hearing scheduled for December 13, 2007.
These seem pretty reasonable on the surface - this is pretty close to the unofficial status quo which is you generally need to get a permit right now if you are setting up stuff on a sidewalk. I like how Obstruction is defined: as assertion of exclusive control. This definition could go a ways toward curtailing police harassment of grassroots journalists. Credentialed press however is a rather archaic idea - especially for street reporting. Credentials are only necessary or reasonable when you have limited space usually in an enclosed area. Readers should watch closely for reaction from other civil rights watch dogs like Norman Siegel and Eileen Clancy.
Recall that this is the second time around on these proposed rules. Bloomberg's Office of Film was embarrassed into retracting their first draft of these rules for being too stupid and fascist. Citizen opposition to the first draft was well lead by PictureNY.org. An amusing detail in today's press release is a so called "thank you" from the Office of Film to various photography organizations who contributed to this revision (groups who no doubt where not consulted the first time around) - conspicuously missing from the list of appreciated parties is Picture NY:
“My staff and I would like to thank the many organizations that have shared feedback and collaborated with the agency during the redrafting process, including Independent Feature Project (IFP), Fractured Atlas, Creative Capital, The Moving Pictures Collective of NYC, and the International Center of Photography (ICP),” said Commissioner Oliver.
Priceless! Reminds me of how Quinn always takes credit for "stopping" the first round of NYPD Parade Permit Rules, when actually it was the grassroots groups that later became the Assemble For Rights coalition. No resistance effort is sweeter than when they DON'T mention you!
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