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The New York City Mayor's Office of Film, Theatre and Broadcasting (MOFTB) has issued a statement saying that it will redraft proposed rules governing permits for photography and videography on city property. The decision comes on the last day of the Office's public-comment period for the rules, and follows protests from the public and organizations such as the New York Civil Liberties Union, Picture New York, and the National Press Photographers Association.
Once the permit rules are redrafted and published, a new 30-day period for public comments will be opened and a public hearing on them will be held.
The full MOFTB statement is below.
The City of New York
Mayor's Office of Film, Theatre & Broadcasting
Katherine Oliver
Commissioner
MAYOR'S OFFICE OF FILM, THEATRE AND BROADCASTING ANNOUNCES PROPOSED FILM RULES WILL BE RE-DRAFTED
New Public Comment Period and Hearing To Be Scheduled
FOR IMMEDIATE RELEASE
Friday, August 3, 2007
Mayor's Office of Film, Theatre and Broadcasting (MOFTB) Commissioner Katherine Oliver today announced that MOFTB will redraft proposed Charter-mandated rules for issuing permits to film or photograph on public property. The revision of the rules will take into account feedback MOFTB has received over the past two months. Public comment, which is scheduled to end today, will be re-opened for another 30-day period after the redrafted rules are published.
The decision to codify procedures came as part of a settlement from a recent lawsuit brought by the New York Civil Liberties Union (NYCLU). By reflecting existing procedures in City rules, 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 goal is to maintain a safe environment for the public, while balancing the needs of filmmakers whose work may have a significant impact on pedestrian or vehicular use of public space. A copy of the rules that were initially proposed is available on the MOFTB website at www.nyc.gov/film.
The proposed rules are designed to codify procedures that have existed in practice since the office was established in 1966 as the first film commission in any locality in the nation. MOFTB has always offered free permits requiring only liability insurance under certain circumstances. In addition, if warranted by the activity, it has also offered 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 rules were published on May 25, 2007 and a hearing on the proposed rules took place on June 28, 2007. In response to the significant interest in the rules, MOFTB extended the comment period through August 3, 2007. After August 3rd, MOFTB will be reviewing comments. Upon completion of this review, MOFTB will redraft the proposed rules, taking into account input and feedback it has received from interested parties, to more effectively strike the balance between public safety and the needs of filmmakers.
Among other things, the re-drafting phase will focus on meaningfully addressing concerns that sections (b)(ii) and (b)(iii) affected individuals who were not engaged in the type of activities traditionally regulated by MOFTB. These are the sections of the proposed rules that defined the conduct which triggered the requirement for a permit from MOFTB and included such considerations as the number of people involved and the duration of the activity. The redrafted proposed rules will then be published, a new 30-day comment period will be provided, and a public hearing will be held to consider the new proposal.
"We are dedicated to fulfilling our obligation to create film permitting rules as mandated by the City Charter," said Commissioner Oliver. "We appreciate the feedback and collaboration of the production community in the City, and look forward to revising our proposal. Our office remains committed to providing our customers with expedited coordination of their film location work in the safest manner possible, so that the City's film and television industry can continue to flourish, free speech is protected and all parties can continue to film, photograph and enjoy the greatest City in the world."
The proposed rules do not impact press photographers, who are routinely credentialed by the NYPD. Nor do they impose new requirements upon student filmmakers, who have maintained access to permit services for 40 years and who will continue to be able to meet their insurance obligations by coverage through their school's insurance. Under the proposed rules, applicants who can demonstrate that they are unable to meet the insurance requirement will be eligible for a waiver of that requirement.
As the rulemaking process continues, its status and other required notifications -- including notification of the publication of the revised proposal and the effective date of a final rule -- will be posted on MOFTB's website. For this information, as well as a current copy of the proposed rules, please visit the MOFTB website at www.nyc.gov/film.
The Mayor's Office of Film, Theatre and Broadcasting is the first film commission in the United States. It 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.
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