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NYC Mayor's Office to Close Comment Period on New Photography Restrictions

The proposed rules would impose new permit and insurance requirements on photographers and videographers shooting in New York City.


July 30, 2007


The City of New York Mayor's Office of Film, Theatre and Broadcasting (MOFTB) will stop accepting public comments on proposed photography and video restrictions on August 3, 2007. As The New York Times recently reported, the new rules have drawn protests from both the New York Civil Liberties Union and Picture New York, a group created to counter the proposal.

The proposed rules would require photographers and videographers shooting or scouting locations on New York City property (which includes the streets and parks that make up most of the city's public space) to obtain a permit specifying dates, times, and location. This restriction would apply to any party including two or more people in a single site for 30 or more minutes, and any party of five or more with a tripod at a site for 10 or more minutes. The time limit includes all set-up and breakdown activity, and a single site is defined as "any area within 100 feet of where an activity commenced."

It is notable that while comments on the MOFTB Web site refer to the relevant parties as "crew," the text of the formal proposal describes them as anyone engaging in "conduct involving a communication ... whether verbal or otherwise." That would seem to include photographic subjects, making outdoor portrait and group photography sessions subject to the rules. Photographers who hold NYPD-issued press passes are exempt from the permit requirement.

Accepting a permit under the new rules would require the holder to agree to "protect all persons and property from damage, loss or injury ... and to indemnify and hold harmless the City" in case of any problems attributed to the permit holder. The permit application also requires proof of liability insurance with a limit of at least one million dollars per occurrence, although applicants are invited to make a case for a waiver.

The full text of the new rules is available in a PDF from the MOFTB Web site.

According to the MOFTB Web site, the office "may determine that it is appropriate to revise its proposal" on the basis of public feedback. Comments may be submitted to Julianne Cho, Assistant Commissioner, Mayor's Office of Film, Theatre & Broadcasting, at jcho@film.nyc.gov or 1697 Broadway, New York NY 10019.

Picture New York has also launched an electronic petition against the proposal.


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