[Digistorytellers] Summary of Suggestions regarding NYC Film Permit Issues

[Tom Lassu]

A direct link to this post/document:
http://filmsynergy.com/film-synergy-rules.htm

This is an attempt at orchestrating an organized, coordinated response on
behalf of the NY filmmaking community regarding the Impending MOFTB Rule
Changes.

As the mosaic of facts gradually unfolded, it became clear that the NYCLU –
the agency that filed the federal lawsuit that prompted the MOFTB to draft
written rules – is right on target and they remain the leader on this issue.
So, read their entire summary first (follows their links on the bottom!):

City Agrees To Reopen Debate On Film Permit Regulations
http://www.nyclu.org/nyc_photo_permits_pr_071607.html

“In comments filed on June 26, which was the last day of the original comment
period, the NYCLU had called on the City to abandon a proposal to require
permits and insurance for any group of two or more people using a handheld
camera in one location for more than thirty minutes. The NYCLU also challenged
a proposed rule that would require small groups to obtain a permit and
insurance to use a single tripod for more than ten minutes.”

If NYCLU suggestions go though, the annoying TRIPOD requirement will go away.
Instead, placing electrical equipment in public property will require a permit
- this is reasonable.

Points we re trying to make:

1.	Support casual shooting without a permit regardless of time/tripod use,
maintain and increase creative access to NYC streets, parks, subways for all
2.	Define permit requirements in non-ambiguous matter
3.	Insurance alternatives in permitting process
4.	Maintain safety and awareness on streets
5.	Easy interpretation of permitting process on the street
6.	Develop code of ethics and  guidelines for filmmakers to know and to handle
situations

Insurance 
While the proposed "applicants unable to meet the insurance requirement may be
eligible for a waiver of insurance" sounds like a good idea, this could be
applied subjectively and in a discriminatory matter. Personally I think that
it is humiliating. I would like to see an automatic waiver of insurance on
certain low risk activities, regardless of income or budget for case/class B
listed below.

A) Hi-end productions having both permit and insurance - they are not affected
by new rules.

B) Casual, non-tourist shooters, near zero risk activity - they should not
need permit in the simplest cases, but perhaps getting a permit w/o insurance
with medium crews or more complex low-risk shoots might be acceptable. NYC
self-insurance should cover basic risks, just like for ordinary
walking/bicycling activity.

C) Larger low-end productions with low to moderate risk - should be able to a
get one-time insurance or cheap group insurance, perhaps for a low payment/fee
into the NYC self-insurance fund. Large Hollywood productions could also
contribute to this pool. Note that the current lowest yearly insurance is
about $500. In the light of this, any fees should be proportionally low,
$15-30 per occasion. Only yearly policies are available, even for a one day
shoot. I am looking for insurance attorneys/agents who could help creating
insurance alternatives, perhaps a short term (a few days), HMO style "mass
insurance". 

How to determine priority in cases of schedule conflict: A, B, C and no permit
shooters - lower has to yield to higher. This could serve as a logistic a
guide to filmmakers and police as well.

First Amendment Concerns
This seems to be covered already, proposal does not appear to restrict filming
at demonstrations.

Zoning and other Thoughts
Applying different rules for special areas/zones i.e. Times Square, Grand
Central, WTC, Subway might be acceptable, anything beyond casual might always
require a permit.

No shooting past 11 pm in residential and mixed use areas without a permit,
and/or Commercial areas should have no time constraints.

Online Application
The MOFTB is already working on this.

Issuing Licenses, Instead of Permits
In some cases, issue licenses instead of permits. Example:

“I am a still photographer who makes 90% of my income shooting for retailers
here in NYC.  Of that, 60% is shooting window displays in the evening with a
whole lot of equipment, on the street. Many times I receive a call to be
somewhere that evening, and even if it only takes hours to obtain a permit,
there may not be enough time. I will loose business with the new law.

Other comments by filmmakers:
“Generally, the liability insurance is a burden for many smaller productions
in the city. But the timing is also a real problem. Making a specific written
request 24 hours in advance just is not possible
 
it is hard to get a NYC
press pass
 it is a Catch 22 for freelancers (show the portfolio of work in
the last 6 months which demonstrated the access you need). How are you
supposed to get those without a pass/permit?”

“Casual productions should legally be able to adapt their ways so that their
impact is the same as that of tourist photographers, i.e. stopping
(repeatedly) every 5 minutes to allow traffic to flow through and spreading
out their crew to minimize obstruction – the net result is the same.”

“If the state becomes the determinator of how we can utilize city streets to
make images, how will this effect our collective cultural image bank? Would
Robert Frank have been able to take the photographs that led to his searingly
influential book "The Americans" if he had to apply for a permit every time he
went out to make images of urban life and urban experiences? It is hardly
likely because for one, when shooting in a reportage style one often doesn't
know where one will be shooting the next day; secondly, the time it takes to
get a permit is prohibitive to independent artists and filmmakers; and
thirdly, the insurance costs needed to secure the permits are often higher
than the total production costs of the project. So in addition to policing
people's activities in the public domain, the proposed permit changes also
function as a cultural controller. This is at odds with the City's desire to
foster cultural capitalism and be a competitive world city.”

Filmmakers Responsibilities, a Code of Conduct
This is a comment that will not be submitted to the MOFTB, but we need to
consider it anyway:

“Yes, we have got to hold up our end of the bargain!

When filming without a permit, NY filmmakers should accept a "code of
conduct", minimizing any interruptions, letting the taxpayers pass, being
courteous and not challenging any officers that may inquire, help, adjust or
regulate the process. Yes, they should be able to do this, especially when we
work without a permit, it is their job. Lets save the big egos for our major
productions, when we are funded, insured and got all permits in advance thus
have the RIGHT to claim priority for the filming activity. Then the Movie/TV
Unit of the New York Police Department will come and work for us to regulate
traffic, etc, for free.”

About Protests
Michael Moore has an amazing angle on this in Sicko – an interviewee explains
the tendency of French citizens to demonstrate:

“The French government is afraid of the people, while in America the people
are afraid of the government.”

Nevertheless, don’t be disappointed if with the help of the NYCLU we get our
point across and the rules end up in our favor


Protest planners: Know Your Facts Before You Call a Protest!

If, after studying the issues in depth you still decide to organize, then know
them especially well. I think that part of the reason the city held its public
hearing so "quietly" might have been simply that they knew that the
artist/filmmaking community would overreact. They still have to get their jobs
done, a more or less angry mob could be quite distracting.

Also, hundreds of uncoordinated, diverse opinions (many not fully aware of the
facts) might pose a logistic burden that is extremely difficult to deal with. 

With the help of your input, prepared by

Tom Lassu
Tlassu~yahoo.com 
www.filmsynergy.com
New York Film Synergy Group