We have not seen revised regulations from the city. But in the meantime, the First Amendment is still in place and Photojojo has written up The Ten Legal Commandments of Photography.
Their disclosure:
We have to point out that even though we’re smart and awesome and devastatingly attractive, we’re not lawyers. None of this should be construed as legal advice. If you have a legal issue, get in touch with a lawyer.
Very sensible.

UPDATE: Attorney Bert Krages has posted a downloadable guide, The Photographer’s Right. It’s loosely based on the Bust Card and the Know Your Rights pamphlet put out by the ACLU, meant to be carried in your wallet.

photo courtesy of photojojo

Thursday December 13 is the deadline for public comment on the most recent version of camera regulations proposed by the Mayor’s Office of Film. Thursday at 10am is also the public hearing, where you can testify into the public record. We hear the time limit is 3-5 minutes. You can contact MOFTB to reserve a spot, or just show up before 10am and sign up.

Picture New York is concerned about the needlessly opaque language in the new regulations, and even more concerned about what will happen when this all shakes out on the street. MOFTB bases need for a permit on the concept of obstruction but
does not make clear in the actual rules that the mere presence of a filmmaker or photographer, even with a tripod, does not constitute an ‘obstruction.’

Perhaps you noted the recent ruling about someone standing on the sidewalk who was arrested. New York State’s highest court threw out the conviction but it took a few years to get through the courts. We’d like to avoid this kind of situation.

Picture New York is calling for an affirmative statement in the final rules that mere occupancy of the sidewalk is not “asserting exclusive control” and does not constitute obstruction — especially when it comes to a person exercising their 1st Amendment right to photograph on public streets.

The NYCLU filed another lawsuit last week on behalf of a person with a camera, unlawfully handcuffed and detained in July for taking pictures. Check it out here.

A recent town meeting with the MOFTB gave little indication that they respect the tradition of street photography in New York or see the right to take pictures as a basic, protected freedom.

It’s clear that our collective effort this summer resulted in the rollback of the first misguided attempt at regulation, but we don’t want to rest on our laurels when there’s a chance to make the situation better, more clear, and not a threat to civil liberties. We’d like everyone to keep in mind that this is about far more than the film industry in NYC — it’s about the 1st Amendment.

photo credit: Donna Tine

This just in from the NYCLU: The New York Civil Liberties Union filed a lawsuit Thursday in federal court on behalf of a Columbia University graduate student of Indian descent who was unlawfully handcuffed and detained in July after a police officer saw him snapping photographs near a subway station in upper Manhattan.

“I was surprised and upset that I could be handcuffed on the street for taking a photograph,” Arun Wiita said. “What was really disheartening was that I knew this had probably happened before and that it could happen again to anyone.” (more…)

What we’re seeing in the amended regulations is some extremely confusing and problematic legalese. We agree with basing need for a permit on whether a filmmaker/photographer actually causes an obstruction, but the Mayor’s Office of Film, Theatre, and Broadcasting’s definition of ‘obstruction’ is so difficult to grasp that it will cause problems on the street.
(more…)

What do you see in the amended proposal from the Mayor’s Office of Film? There appears to be consensus that it’s better than the extreme (and probably unenforceable) time and personnel limitations MOFTB put out last time, but is that enough?

+ Donna Lieberman caught our interest talking about the regulations, Parks Dept. and the NYPD in The Hollywood Reporter. “This only addresses what’s legitimate — interference with the flow of traffic. We applaud the city for making these much-needed revisions.”

Lieberman says the NYCLU “actively and aggressively” negotiated with Oliver and her colleagues when the revised proposal process was announced. She said the negotiations were successful, “but we were less successful in obtaining serious training for police and parks department trainees to respect First Amendment rules. This is only part of the battle — the proof in the pudding is if the NYPD respects and follows the new rules. “ (more…)

The rules and a press release are now available for your review on the Mayor’s Office on Film, Theatre and Broadcasting site.
What do you think? Our comments section is open!

Photo credit: notanalternative

October 28, 2007
“Mayor to Ease Permit Rules for Capturing City’s Image”
By DIANE CARDWELL

Amateur photographers and independent filmmakers looking to chronicle bird life, take snapshots in Times Square or capture the distinctive thrum of New York’s streets will not need to obtain permits or insurance under new rules being proposed by the Bloomberg administration.

The rules, to be released on Tuesday for public comment, would generally allow people using hand-held equipment, including tripods, to shoot for any length of time on sidewalks and in parks as long as they leave sufficient room for pedestrians.

The proposal, drafted as part of a settlement in a lawsuit, was revised after a passionate outcry over the summer from fine-art photographers, independent filmmakers and civil libertarians concerned that the original rules would have restricted unobtrusive video recording. (more…)

This Thursday December 13 is the deadline for public comment on the most recent version of camera regulations proposed by the Mayor’s Office of Film. Thursday at 10am is also the open public hearing, where you can enter your thoughts into the public record. We hear the time limit is 3-5 minutes. You can contact MOFTB to reserve a spot, or just show up at 10am and sign up.
photo credit: NotAnAlternative

Great news!
The Mayor’s Office of Film announced Friday afternoon that they are headed back to the drawing board with their regulations.

You spoke – they listened.
And did the right thing. Wonderful, right? We’ll be watching for the revised regulations, so we’ll have to get back to you on that. Tony Overman, president of the National Press Photographers Association really got it right: “We are offended at the notion that a city agency or police officer would have the power to keep a photographer from taking a picture or video on a public street. City property belongs to the citizens and the city has no right to limit safe, constitutionally protected behavior in a public venue.”

Stay tuned for the next stage — new proposals that we hope truly reflect the massive outcry of this community of 1st Amendment-loving amateurs and professionals alike.

Read the complete statement from the MOFTB here.

Read about it from Diane Cardwell in the Saturday New York Times:
After Protests, City Agrees to Soften New Rules on Photography Permits

Photo Credit: I.M.Bitter

Complete Text of the Proposed Regulations

The Mayor’s Office of Theater, Film, and Broadcasting, which coordinates film and television production and issues permits around the five boroughs, is considering rules that could potentially severely restrict the ability of even amateur photographers and filmmakers to operate in New York City. The NY Times reports that the city’s tentative rules include requiring any group of two or more people who want to use a camera in a single public location for more than a half hour (including setup and breakdown time) to get a city permit and $1 million in liability insurance. The regulation would also apply to any group of five or more people who would be using a tripod for more than ten minutes, including setup and breakdown time. -(Excerpted from the Gothamist)

If the above troubles you, please take action now. The city quietly released information about the proposed regulations on the Friday of Memorial Day weekend and many of us missed the notice and subsequent hearing. The office is accepting public feedback until August 3, and the rules could go into effect this summer!

The Mayor’s Office of Film deals primarily with big film shoots (ie. commercials, features, t.v.) where permits and insurance are, understandably, a given. However, many photographers and filmmakers carry on an equally vital tradition in which spontaneous documentation of the urban environment is at the very heart of our work. Being a street photographer often means standing in a random location and waiting: for the right activity, the right light, the break in the traffic; the countless other unpredictable factors that need to fall into place to make a shot worthwhile…Permits would have to be obtained for specific dates and times and exact locations, and the insurance would be out of reach for many individuals.

The fact is that we simply CANNOT predict where, when, and how long we are going to film or photograph; we CANNOT afford expensive liability insurance policies; we occasionally NEED to work with other people or to use tripods to support our gear. (The regulations would, for example, effectively rule out a great deal of time-lapse photography which depends on tripods and cannot possibly be done with time limitations of 10 to 30 minutes, as well as the use of large format still cameras and long lenses).

Especially in the current climate, official clarification of photographer’s rights could be a positive thing. (Many of us have been shut down by police or other authorities who do not seem to understand that we DO have rights to film and photograph in public places). That said, if these regulations go through, it would invite if not require police to harass or shut down both professional artists and amateurs.

Unfortunately, we believe we must see the proposed regulations not only as a blow against New York as a city that welcomes and inspires art-making (and historical documentation), but as part of a continuum of broader attacks against civil liberties and free expression.

-From an email by filmmaker Jem Cohen