Artists fight proposed filming restrictions
By Justin Rocket Silverman, amNewYork Staff Writer

Up-and-coming singer Ano Okera needed to forgo the expense of renting a sound stage to shoot his music video, so he gathered six friends to dance with him in Union Square.

His was not the only low-budget video or still photography shoot there that day, and like the others, Okera never considered getting a film permit for his one-camera operation.

Yet under proposed city rules, he would not only need to apply for a free film permit weeks in advance, but might also have to buy $1 million in liability insurance.

“We wouldn’t have been able to afford this shoot if we needed a permit and insurance,” said director Gregory Clifton.

“Anyway, this is a noncommercial shoot in a public place, using just one camera. Why should we need a permit?”

The new rules would apply equally to still photography, and seem to suggest that even a pair of tourists from Kansas taking photos in Times Square for more than 30 minutes would need city permission first.

A broad coalition of artists and filmmakers is pressuring the NYC Mayor’s Office of Film, Theater and Broadcasting to amend the rules, arguing they infringe on constitutional rights, don’t make sense and give authorities legal cover for arbitrary enforcement.

An online petition sponsored by the opposition group Picture New York was nearing 10,000 signatures Monday, including those of Patti Smith and Michael Stipe.

“I already have a permit for my camera,” says co-founder Beka Economopoulos. “It’s called the First Amendment.”

Facing critical pressure, he agency has extended the public comment period from late June until this Friday, after which time it can publish the rules as is, amend them, or else scrap them and begin the process anew.

“The rule’s intention is to allow a safe environment, while balancing the needs of filmmakers whose work has a significant impact on public space with traffic moving through the same areas,” said Julianne Cho, associate commissioner of the agency.

“We welcome public feedback as we work to produce rules that continue to assist our customer base and grow the city’s film industry.”

The rules grew out of a court case in which an independent filmmaker from India was arrested for shooting footage in midtown without a permit. After the arrest, the agency agreed to come up with written rules about who requires a permit.

“We do need the written rules,” said Christopher Dunn, a lawyer with the New York Civil Liberties Union. “The problem is these proposed rules make no sense. If you are simply holding a camera in your hand or using a tripod, there is no city interest in regulating that. But basically anyone can be stopped by police under this scheme.”

Proposed rules for film permits
-Film or photography activity involving 5 or more people at one site for 10 or minutes or involving two people at one site for 30 or more minutes require a permit and insurance.

-Press and those filming political demonstrations are exempt.

-If insurance cost is more than 25 percent of total filming budget, the city may issue a waiver.

-Public comment period continues through Friday.

Copyright 2007 Newsday Inc.