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| The Official Announcement from the MOFTB (509392) | |||
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The Official Announcement from the MOFTB |
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Posted by Bingham C50 on Tue Oct 30 06:05:25 2007, in response to A Victory for NYC Rail/Bus Photogaphers!, posted by Bingham C50 on Sun Oct 28 18:04:13 2007. October 29, 2007 -The Mayor’s Office of Film, Theatre and Broadcasting (MOFTB) Commissioner Katherine Oliver today announced the release of a newly drafted permit rule proposal, which will be available online today and published in the City Record tomorrow. Under the proposed rules, which are designed to codify procedures that have existed in practice since the office was established in 1966, a permit would be required for a shoot if production equipment or vehicles create an obstruction, but not for productions that only use hand-held cameras or tripods that don’t cause an obstruction. The publication of the new rules, which are subject to public comment, follows the MOFTB’s decision to redraft rules following an initial publication and comment period that was extended to August 3, 2007. A copy of the proposed rule and an accompanying executive summary and “Q&A” document explaining it are available on the MOFTB website at www.nyc.gov/film. “During the rule drafting process, our intention has always been to balance the needs of filmmakers working in New York City with concerns about congestion in public places, traffic flow and public safety,” said Commissioner Oliver. “We have taken into consideration the issues that were raised by numerous groups and individuals during the comment period and have addressed those points in this new draft. We strive to make New York City a hassle-free environment for productions and to ease public inconvenience as much as possible. We hope that these new rules will be met with the understanding that as a government agency we are required to enact regulations, and we are simply formalizing the ways in which the agency has always operated.” The New Film Rule Proposal 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. History 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 offers 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. The decision to codify procedures came as part of a settlement of a recent lawsuit brought by an individual represented by the New York Civil Liberties Union (NYCLU). 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 rules were originally published on May 25, 2007, in the City Record and a hearing on the proposed rules was held on June 28, 2007. After significant public comment on the rules, MOFTB extended the comment period through August 3, 2007, and announced it would redraft the proposed rules.. Since that time, MOFTB has reviewed the comments and has met with various individuals and organizations to further the public discussion. The previous version of the rules included provisions that were based on the number of people present during a production, the duration of filming, and the use of a tripod to determine whether a permit was required. Those provisions have been removed from this draft. “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. 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 2007 The City of New York http://www.nyc.gov/html/film/html/news/110107_moftb_issues_new..shtml |
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