New Regulations for film production in NYC have been getting a lot of people upset and even I’ve noticed it as I take film clips while walking around New York City, sometimes at Art Openings even, often in Museums.

I think the biggest question we all have is “why”?   If someone is filming something for a couple minutes are they a public threat?   If I film the sky while I’m at the metropolitan museum, as I did last Friday when I was on the rooftop and was told by Museum Guards I could not film the sculpture in the rooftop garden …. I then pointed my camera to the sky…… is that off limits too?

Or is filming in New York City just an excuse to enact a police state – pull pull over and detain them for any reason?   Why is New York becoming more and more like Communist Russia used to be? 

I don’t know for sure.

In the right to Keep and Bear Cameras – Shelly Palmer addresses the issue why the goverment is deciding to crack down on “all” camera devices.  Here’s what was written:

“…

Should the government regulate the use of still or video cameras in public spaces? National monuments? Bridges and tunnels? How about regulating phones with cameras or video recorders in public lavatories?

OK, how about this: Should the government be able to regulate production crew activities that will impact the flow of pedestrian or vehicular traffic in public areas like streets, plazas, bridges and tunnels?

There was a news item on WNBC-TV New York’s local news last week that tried to sensationalize these questions beyond reason. I understand that TV is ratings-driven. And, I also understand that conflict makes for good, compelling stories. But film permits are not about Homeland Security…or are they?

According to their website, the New York City Mayor’s Office of Film, Theater and Broadcasting (MOFTB), founded in 1966, was the first U.S. film commission. The MOFTB has always offered free permits. 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.

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Now, I’m told the Mayor’s Office of Film, Theatre and Broadcasting will redraft the proposal in light of all the feedback it got.

This is my take.  Rather than want to see some “hidden agenda” for taking photography rights away of people in order to “protect us” (somehow) – which I’m sure some people up on the top of the food chain actually do have – I take the current proposals as an actual attempt to try to protect people of the city of New York – though it’s a misguided proposal.

Often, things that are not thought out well are actually more harmful than things that are directly attacking us.  In other words, the road to hell is paved with good intentions.

Many civil servants are trying to do the right things with laws that have been re-written in the last 5-7 years after 9/11.   Problem is …they don’t know what the right thing is anymore and the government has been “overreaching” usurping more and more powers, more and more rights.

I don’t argue they need to “protect us” but does grabbing every one filming a scene for more than 30 minutes actually…in any direct way, related to “protecting us” or protecting anyone?

I don’t think so…and the majority of people in New York goes for this:

“…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 problem is the older rules drafted in 1966 did not take in account the rise of User Generated Media, cheap video cameras or the Internet.  What the Film Commission is trying to do is take the 1966 ordinances and retroactively impose them on top of what is common to do today – take a camera out and shoot video – user generated.

So do they want everyone that films something to take our a million dollars of insurance … where does it end?  Nowhere – because that kind of rule, that kind of thinking can’t really be enforced – but it can make a lot of people unhappy…which is what it’s doing.

“….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.”

Let’s hope they get it right this time – you can’t take 1966 rules and apply it to what is going on today … things have changed so much – you need think in terms of what is right and wrong for today given the rise of User Generated Media.   Most will not be part of an official organization and won’t have any film insurance …and why should they?