NYC sets formal rules for filming on city streets

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NYC sets formal rules for filming on city streets
Posted by Bingham C50 on Mon Jul 14 07:33:24 2008 edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d Good news...for a change. NYC sets formal rules for filming on city streets By SARA KUGLER Associated Press Writer NEW YORK (AP) -- Filmmakers and photographers who shoot on New York City's streets and sidewalks now have a clear set of rules dictating when they must obtain permits, after years of relying on loose guidelines that civil liberties advocates said were too vague. The rules, which were to appear Monday in the City Record, now state clearly that productions must have permits and at least $1 million in insurance if they plan to take over a lane of traffic or leave less than eight feet of open space on a sidewalk. Permits and insurance also are required for shoots that involve vehicles or use equipment other than hand-held devices or cameras on tripods _ items like props, sets, lights, dolly tracks, screens and microphone devices. Last year, the administration of Mayor Michael Bloomberg agreed to make formal rules for filming and photography as part of a settlement in a lawsuit against the city on behalf of award-winning documentarian Rakesh Sharma, who was detained in 2005 when he was standing on a Manhattan sidewalk, filming with a handheld camera. But photographers, filmmakers and civil liberties advocates were stunned by the first set of rules drafted last summer by Bloomberg's film office. Under that proposal, any group of two or more people who were filming or taking pictures for more than 30 minutes on city property would have needed a permit and insurance. Taken literally, those permit rules would have applied to tourists snapping photos in Times Square and families shooting videos of their children in the park. The city insisted that the rules were only meant to apply to potentially disruptive productions, and agreed to revise the proposed regulations. Before the rules were formally outlined, the dozens of productions that shot outdoors in the city each day typically already obtained permits and insurance if they were going to disrupt city life on sidewalks and streets, but City Hall had never established clear rules for doing so. "We're not really trying to change anything, we're just clarifying some of the positions that have been in place and in practice for a number of years," Katherine Oliver, commissioner of Bloomberg's Office of Film, Theatre and Broadcasting, said in an interview. Many filmmakers and photographers _ both amateur and professional _ had long complained that the old policies were too vague and gave authorities too much leeway to harass artists on the street. Chris Dunn, an associate legal director for the New York Civil Liberties Union, which sued the city in federal court on Sharma's behalf, said the organization approved of the new rules. But he added the city has a way to go in educating authorities about what type of filming requires a permit. ___ On the Net: http://www.nyc.gov/html/film/html/index/index.shtml Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Re: NYC sets formal rules for filming on city streets
Posted by Fred G* on Mon Jul 14 07:46:40 2008, in response to NYC sets formal rules for filming on city streets, posted by Bingham C50 on Mon Jul 14 07:33:24 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d Good, that's what we surmised when we read the draft version. Sounds like they gave it to someone in the business to write up and not just some ham-handed politician. I've no problem with this, as I'd need permission and insurance to set up my survey gear downtown, so this isn't out of line. More equipment means more chances of somebody tripping over it. your pal, Fred
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Re: NYC sets formal rules for filming on city streets
Posted by BMTLines* on Mon Jul 14 08:12:37 2008, in response to Re: NYC sets formal rules for filming on city streets, posted by Fred G on Mon Jul 14 07:46:40 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d I consider this a fair compromise. It actually legalizes tripods on city streets without permits too (provided 8 feet of sidewalk are left open). Some artist groups are still objecting on the grounds that some sidewalks are not 8 feet wide to begin with, therefore they would be in violation shooting there. Can't please everyone I guess. Still and more importantly is that the city needs to formally train the police officers, which the city continues to resist.
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Re: NYC sets formal rules for filming on city streets
Posted by Bingham C50* on Mon Jul 14 13:21:20 2008, in response to Re: NYC sets formal rules for filming on city streets, posted by BMTLines on Mon Jul 14 08:12:37 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d "Still and more importantly is that the city needs to formally train the police officers, which the city continues to resist." Well, with this action and the upcoming NYCLU lawsuit, the NYPD will have no alternative but to eventually cease their resistance.
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Re: NYC sets formal rules for filming on city streets
Posted by Bingham C50* on Mon Jul 14 17:45:08 2008, in response to Re: NYC sets formal rules for filming on city streets, posted by Fred G on Mon Jul 14 07:46:40 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d I can live with this as well...let's just hope the proper authorities accept and respect these rules, too.
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Here is the official announcement from the Mayor's Film Office.
Posted by Bingham C50* on Tue Jul 15 06:19:19 2008, in response to NYC sets formal rules for filming on city streets, posted by Bingham C50 on Mon Jul 14 07:33:24 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d http://www.nyc.gov/html/film/html/news/070108_moftb_adopts_rules.shtml July 14, 2008 - Commissioner Katherine Oliver of the Mayor’s Office of Film, Theatre and Broadcasting (MOFTB) today announced the adoption of rules governing the issuance of permits in connection with filming activity in New York City. The rules, which were published today in the City Record and will go into effect thirty days after publication on August 13, will require a permit if filmmakers use vehicles or equipment, or, in certain situations, assert exclusive use of City property. Permits will not be required for casual photographers, tourists, credentialed members of the media, or other members of the public who do not use vehicles or equipment or assert exclusive use of City property. The adopted rules outline the practices of the MOFTB, codifying the procedures that have existed since the office was established in 1966. A copy of the rules and an accompanying “Q&A” document explaining them are available on the MOFTB website at www.nyc.gov/film. “For more than four decades, the Mayor’s Office of Film, Theatre and Broadcasting has served as the one-stop shop for productions in New York City, and these new rules will strengthen our office’s ability to serve both the industry and the public,” said Commissioner Oliver. “We wish to thank the industry, the film community and other groups for working with us as we formulated these rules that substantially mirror our practices of assisting film and television productions shooting on location in the City.” MOFTB first published proposed permit rules in the City Record on May 25, 2007, held a public hearing regarding the rules on June 28, 2007, and received extensive comments through August 3, 2007. MOFTB then republished the rules for comment on October 30, 2007, received additional extensive comments, and held another public hearing on December 13, 2007. Since that time, all comments received have been reviewed as the final version of the rules was prepared. When a Permit Is Required Under the adopted rules, a permit would be required for filming if equipment or vehicles, as defined in the rule, are used or if the person filming asserts exclusive use of City property. Equipment does not include hand-held devices (such as hand-held film, still, or television cameras or videocameras) or tripods used to support such cameras, but a permit would be required in certain situations when the person filming asserts exclusive use of City property while using a hand-held device. Anyone wishing to apply for a permit can find the proper documents, including fillable PDFs, and other useful information for shooting in the five boroughs online at www.nyc.gov/film. Among other information, applicants will be asked to provide their contact information, duration of project, proof of insurance, and other relevant production details for a required permit. When a Permit Is Not Required A permit is not required for filming that uses hand-held cameras or tripods and does not assert exclusive use of City property. Standing on a street, walkway of a bridge, sidewalk, or other pedestrian passageway while using a hand-held device and not otherwise asserting exclusive use of City property is not an activity that requires a permit. In addition, activity that involves the filming of a parade, rally, protest or demonstration does not require a permit except when equipment or vehicles are used. The rules also provide that press photographers, who are credentialed by the New York Police Department (NYPD) do not need to obtain a MOFTB permit. Optional Permits When a permit is not required, it is possible to apply for an optional permit. A person wishing to apply for an optional permit would present much of the same documentation as someone seeking a required permit (e.g. request for dates, times and locations and contact information). Liability insurance is not required in connection with an optional permit. Sometimes there has been confusion as to whether or not a permit is required. As a result, and as an accommodation to filmmakers, MOFTB has routinely issued permits in those instances where a permit is not required. The rules are consistent with this longstanding practice. Liability Insurance Liability insurance is needed for those who obtain a required permit. However, when an applicant can demonstrate that obtaining the required insurance would impose an unreasonable hardship, MOFTB may waive the need for liability insurance. In addition, student filmmakers can meet their liability insurance obligations through coverage under their school's insurance program. ***** Since its inception, MOFTB has always offered free permits requiring only liability insurance under certain circumstances In addition, if warranted by the activity, MOFTB also coordinates free police assistance to streamline filming in New York City. The permit has served as the filmer’s authorization to interact with, and stage production activity, on City property. By codifying existing procedures as a rule, 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 NYPD is formulating a directive to inform their officers about the new rules. The MOFTB was the first film commission established in any locality in the United States, and is the one-stop shop for all production needs in New York City, including free permits, free public locations and free police assistance. The agency markets New York City as a prime location, provides premier customer service to production companies and facilitates production throughout the City’s five boroughs. The City of New York Mayor's Office of Film Theatre & Broadcasting 1697 Broadway Suite 602 New York, New York 10019. Copyright 2008 The City of New York
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Re: Here is the official announcement from the Mayor's Film Office.
Posted by RIPTA42HopeTunnel* on Tue Jul 15 07:05:07 2008, in response to Here is the official announcement from the Mayor's Film Office., posted by Bingham C50 on Tue Jul 15 06:19:19 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d Very reasonable. I especially like the "optional permit."
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Re: Here is the official announcement from the Mayor's Film Office.
Posted by Terrapin Station on Tue Jul 15 07:17:21 2008, in response to Re: Here is the official announcement from the Mayor's Film Office., posted by RIPTA42HopeTunnel on Tue Jul 15 07:05:07 2008. edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d No, but then police may think that a permit is always required, since they'll see amateurs with permits! That's what happened on NJT when the Photo ID badge was still optional - the NJT cops thought it was required.
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Re: Here is the official announcement from the Mayor's Film Office.
Posted by Bingham C50 on Tue Jul 15 10:45:12 2008, in response to Re: Here is the official announcement from the Mayor's Film Office., posted by RIPTA42HopeTunnel on Tue Jul 15 07:05:07 2008. edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d We're finally making progress...and that is what matters.
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Re: Here is the official announcement from the Mayor's Film Office.
Posted by The Port of Authority on Tue Jul 15 10:54:53 2008, in response to Re: Here is the official announcement from the Mayor's Film Office., posted by Terrapin Station on Tue Jul 15 07:17:21 2008. edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d That's why it's titled an "optional permit".
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Re: NYC sets formal rules for filming on city streets
Posted by BMTLines* on Tue Jul 15 12:50:34 2008, in response to NYC sets formal rules for filming on city streets, posted by Bingham C50 on Mon Jul 14 07:33:24 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d I can live with this but the 8-foot rule has prompted some concern amongst artists though:
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Re: NYC sets formal rules for filming on city streets
Posted by Bingham C50* on Tue Jul 15 16:20:01 2008, in response to Re: NYC sets formal rules for filming on city streets, posted by BMTLines on Tue Jul 15 12:50:34 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d I thought the 8' rule was eliminated from the final rule draft for specific circumstances. Perhaps I overlooked it?
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...and this is the NYCLU's official statement.
Posted by Bingham C50* on Sat Jul 19 03:51:34 2008, in response to NYC sets formal rules for filming on city streets, posted by Bingham C50 on Mon Jul 14 07:33:24 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d http://www.nyclu.org/node/1896/print Published by the New York Civil Liberties Union (http://www.nyclu.org) Working with NYCLU, NYC Issues New Film Rules Respecting First Amendment Rights of Photographers and Filmmakers July 14, 2008 -- Responding to public pressure and a lawsuit by the New York Civil Liberties Union, New York City today issued rules that respect the constitutional right to photograph and film on sidewalks and other public places. Under the new rules, which the City negotiated with the NYCLU, anyone with a handheld camera or a tripod is free to film on city sidewalks for as long as they please without a permit so long as they don’t establish a physical perimeter around or direct passersby away from more than half of a sidewalk, according to rules released by the Mayor’s Office of Film, Theatre and Broadcast. The rules expressly state that photographers and filmmakers who are simply standing on City sidewalks with cameras and tripods need no permit and no insurance. The rules also expressly state that no permit is required for photography and filming of parades, rallies, protests and demonstrations. In May 2007, MOFTB proposed rules that would have required permits and $1 million of insurance for anyone who spent 30 minutes photographing or filming in a single location. The NYCLU and scores of filmmakers and photographers opposed the proposal, which would have restricted a wide range of casual photography and filmmaking. As a result of the outcry, MOFTB rescinded the proposal in August and worked with the NYCLU to draft the rules issued today. “We are glad the City stepped up and agreed to issue rules that respect New Yorkers’ First Amendment rights,” said Donna Lieberman, NYCLU executive director. “Now the NYPD needs to get its act together and stop hassling photographers and filmmakers.” The NYPD has a history of harassing photographers and violating their First Amendment rights, and the NYCLU has filed two lawsuits recently in an attempt to force the Department to adopt policies and trainings so that officers will understand and respect the constitutionally-protected rights of photographers and filmmakers. Still photographers and filmmakers whose work does not require a permit but are afraid of police harassment may apply for a free “optional permit,” an official document they can present if stopped and questioned by a police officer that explains they are engaged in legal activity. The optional permit does not require insurance. NYCLU Associate Legal Director Christopher Dunn worked with MOFTB to write the rules, and pushed for the inclusion of an optional permit in response to photographer and filmmaker requests for one. “The issuance of these new rules provides an important opportunity for the NYPD to train its officers to understand and respect the First Amendment rights of photographers,”Dunn said. “Photography and filmmaking has a long and distinguished history in New York City, and the NYPD needs to recognize that this activity is not a threat to public safety.” New York City previously had no written rules governing the issuance of film and photo permits, which resulted in certain photographers and filmmakers being denied the right to take photos and make films. The City agreed to adopt written rules and to narrow its permit scheme after the NYCLU filed a federal lawsuit challenging the MOFTB’s permit practices. -------------------------------------------------------------------------------- Source URL: http://www.nyclu.org/node/1896
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Re: NYC sets formal rules for filming on city streets
Posted by Chris R16/R2730* on Sat Jul 19 11:46:09 2008, in response to Re: NYC sets formal rules for filming on city streets, posted by BMTLines on Mon Jul 14 08:12:37 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d Still and more importantly is that the city needs to formally train the police officers, which the city continues to resist. That's the problem. The law has always been on the side of the photographer, it's the ignorant police officer that's been the problem.
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Re: Here is the official announcement from the Mayor's Film Office.
Posted by Chris R16/R2730 on Sat Jul 19 11:48:15 2008, in response to Re: Here is the official announcement from the Mayor's Film Office., posted by RIPTA42HopeTunnel on Tue Jul 15 07:05:07 2008. edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d I can't wait for the first foamer stopped by a cop, demanding to see his "optional permit". I'd have rather not have this element as part of the new rules. Just issue blanket permission to film/photograph, and if some are still scared to do so, it's their problem.
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Re: NYC sets formal rules for filming on city streets
Posted by Bingham C50* on Sat Jul 19 17:23:11 2008, in response to Re: NYC sets formal rules for filming on city streets, posted by Chris R16/R2730 on Sat Jul 19 11:46:09 2008.* edf40wrjww2msgDetailOT:detailStr fiogf49gjkf0d "The law has always been on the side of the photographer, it's the ignorant police officer that's been the problem." The VERY reason behind the NYCLU's lawsuit.
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