Forums > Photography Talk > NYC - the model city re: when a permit is required

Photographer

Francisco Castro

Posts: 2629

Cincinnati, Ohio, US

I have been trying to travel more for shooting; how often can you shoot the same location and the same people? However, it seems that a lot of cities are turning into very photog unfriendly locations. The operative word: permits. Permits, application fees, and more permits.

I went to L.A. and everywhere permits were required for anything but a point-and-shoot and a camera phone. It was madness! In L.A. county, you needed to get a permit from the county, and the local city, and the state of CA. If you were in a public park controlled by Parks and Recreation, you needed paperwork from them too. It was crazy!!

I am starting to plan trips to N.Y., and I prepared myself for the paperwork storm that is sure to accompany any shooting in one of the modeling capitals of the world. You know what I found?

As per: http://www.nyc.gov/html/film/html/permi … fee.shtml, Permits are not be required for casual photographers, tourists, credentialed members of the media or other members of the public who do not use vehicles or equipment or assert exclusive use of City property. Standing on a street, walkway of a bridge, sidewalk or other pedestrian passageway while using a hand-held device and not otherwise asserting exclusive use of City property is not an activity that requires a permit.

BOOM!!!! That is awesome. Basically they are telling you that if you're not inconveniencing anyone, you're cool. That is absolutely the perfect middle ground.

More cities thinking of requiring permits for photographers should really look at the NYC model.

I <3 NY

May 11 15 09:04 am Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

Permits are just another Revenue source

May 11 15 09:07 am Link

Photographer

Ken Marcus Studios

Posts: 9421

Las Vegas, Nevada, US

Brooklyn Bridge Images wrote:
Permits are just another Revenue source

So are drivers licenses, building permits, parking tickets, operating a business, and fishing off the pier.

Thank god somebody's raising money to fix these damned potholes !

KM

May 11 15 09:18 am Link

Photographer

Eye of the World

Posts: 1396

Corvallis, Oregon, US

If I had the opportunity to shoot in NY I would carry a copy of that with me just in case some officer was getting overly aggressive.

May 11 15 10:10 am Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

Making photography something for only the 1% can engage in
Seems like an crappy idea to me

May 11 15 10:16 am Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

Ken Marcus Studios wrote:

So are drivers licenses, building permits, parking tickets, operating a business, and fishing off the pier.

Thank god somebody's raising money to fix these damned potholes !

KM

I know I have put on a few Lbs but I dont think Im at creating potholes with my feet level yet smile

May 11 15 10:18 am Link

Photographer

Connor Photography

Posts: 8539

Newark, Delaware, US

I was pretty much growing up in NYC, and drove a yellow cab when I was in undergrad.  i know the city so dame well, I have never bother to get a permit for shooting.  But I know how to lay low and am relatively street smart.  They know I am a New Yorker and not their enemy.  They always let me slide......... LOL.

May 11 15 10:38 am Link

Photographer

Grayscale Photo

Posts: 215

Columbus, Ohio, US

I think the phrase, "not otherwise asserting exclusive use of City property," is the key.  The presence of light stands, tripods, and such clearly asserts exclusive use, but so can camping in one spot with a model for a length of time and sneering at anyone who wanders through your "set."

May 11 15 11:00 am Link

Photographer

Dorola

Posts: 479

Toronto, Ontario, Canada

Ken Marcus Studios wrote:
So are drivers licenses, building permits, parking tickets, operating a business, and fishing off the pier.

Thank god somebody's raising money to fix these damned potholes !

KM

Apparently Toronto collects more money from parking tickets that the 10 largest Untied States cities combined. Because of our winters here, I think we can boast the most potholes on our streets too. I would think that if we were collecting a lot of money, that we could fix our streets, but it seems not the case. Ken, you should feel fortunate that you don't have to pay our parking or put up with our potholes.

On the plus side, you don't have to have a permit to photograph on public property as long as you are not impeding usage by others (except for a couple designated areas for wedding photography).

Also, it is legal for women to be topless in public areas (same for men), thanks to freedom fighter Gwen Jacob.

http://en.wikipedia.org/wiki/Topfreedom_in_Canada

May 11 15 11:11 am Link

Photographer

Dan Howell

Posts: 3562

Kerhonkson, New York, US

Brooklyn Bridge Images wrote:
Making photography something for only the 1% can engage in
Seems like an crappy idea to me

What the hell are you talking about?

It is great that NYC grants limited productions access to public areas without cost. Larger scale productions actually use city resources, not only in NYC but cities anywhere. It is a break-even proposition in many cases, not exactly a profit center.

May 11 15 01:17 pm Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

I used to be anti- film permits.. Until I discovered how relatively easy they are to obtain in many jurisdictions. Biggest hurdle for most people is the insurance requirement. Which is silly considering how cheap this type of insurance actually is..

May 11 15 01:33 pm Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

Dan Howell wrote:

What the hell are you talking about?

It is great that NYC grants limited productions access to public areas without cost. Larger scale productions actually use city resources, not only in NYC but cities anywhere. It is a break-even proposition in many cases, not exactly a profit center.

What the hell are you talking about ?
Im talking about hobbyists and students having to come up with million $ insurance plans and hundreds of $$$ for permit fees.

May 11 15 01:49 pm Link

Photographer

Francisco Castro

Posts: 2629

Cincinnati, Ohio, US

John Jebbia wrote:
I used to be anti- film permits.. Until I discovered how relatively easy they are to obtain in many jurisdictions. Biggest hurdle for most people is the insurance requirement. Which is silly considering how cheap this type of insurance actually is..

I can deal with permits and the insurance requirement. But some areas are just ridiculous. Even the fees are ridiculous.

You're from Phoenix. I did a shoot close by in Scottsdale, and just applying will cost a non-refundable $75, and if approved, another $475. All this for a photoshoot that was going to take place in the dessert.

May 11 15 01:53 pm Link

Photographer

ImOutOfHere

Posts: 2227

New York, New York, US

When I used to live in the NYC area, for most of my life really, I was able to do many shoots in NYC without a problem.  I even took a flash on a stand to central park with and umbrella and everything and nobody said a thing to me.  I did that several times.

I then moved to LA in 2012 and as soon as I took a reflector out I was told I needed a permit.  I couldn't even use a freaking tripod.  Just a camera, that's it.

As a result, I'm about to get on a plane today (I'm in NJ at the moment) and I'm going back to LA to get my stuff and I'm moving back here.  I'm over it.

May 11 15 01:53 pm Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

Francisco Castro wrote:
I can deal with permits and the insurance requirement. But some areas are just ridiculous. Even the fees are ridiculous.

You're from Phoenix. I did a shoot close by in Scottsdale, and just applying will cost a non-refundable $75, and if approved, another $475. All this for a photoshoot that was going to take place in the dessert.

I'll have to look into this.. last time I looked into it, Scottsdale was one of the easiest cities... Phoenix is pretty easy too.. If I remember correctly, Tempe was a pain in the ass..

May 11 15 02:09 pm Link

Photographer

Leo Howard

Posts: 6850

Phoenix, Arizona, US

Francisco Castro wrote:
I can deal with permits and the insurance requirement. But some areas are just ridiculous. Even the fees are ridiculous.

You're from Phoenix. I did a shoot close by in Scottsdale, and just applying will cost a non-refundable $75, and if approved, another $475. All this for a photoshoot that was going to take place in the dessert.

I have never paid a $75 non refundable application fee and have never been charged a $475 fee for a film permit in Scottsdale, are you sure it was the city charging you this?

I just put a call in to my contact at the City of Scottsdale to follow up on this.

The only thing I have ever had to do was provide them with a $1 Million certificate of insurance naming the city as an additionally insured, now, granted, I have never done a production that required shutting down streets and such, that could be the difference

May 11 15 02:12 pm Link

Photographer

Paul Tirado Photography

Posts: 4363

New York, New York, US

NYC streets, as long as you don't have a big production with load of people, you should be fine without permit. I have shot and helped organize dozens of outdoor shoot in recent times. A couple of quick pointers.

1) Big thing with police and officials is that you do not block or obstruct the normal flow of pedestrian or motor vehicle traffic. People will stop for you to get the shot and you can hold them for maybe a few moments but as long as you keep everything moving it is fine.

2) If you have a light with a light modifier - large beauty dishes and smallish soft boxes are popular - the best move it to have someone hand hold it with the whole battery pack in the backpack thing. Alternatively you have it on a light stand with someone close..preferably holding the lightstand.  There is some language about being or having someone within six feet of your setup. If you must have a stand that you cannot attend to you have risks at play.  Your light falling to the ground is actually you best case scenario in case of it falling. Worst case, it hits someone...actually worst case it falls and hits a personal injury attorney.

May 11 15 02:15 pm Link

Photographer

A. I. Studios

Posts: 126

Jersey City, New Jersey, US

Francisco Castro wrote:
BOOM!!!! That is awesome. Basically they are telling you that if you're not inconveniencing anyone, you're cool. That is absolutely the perfect middle ground.

I <3 NY

Currently, in NYC, you are allowed a mono-pod as a work around for a tripod. Tripod requires permit, mono no. The rule is "no three legged thing". I shot last year in SOHO between 2 & 4 am to recreate some Jazz era theme. police polity asked us to leave.
I had two Jazz singers, my daughter as assistant, SUV, 3 lights on various stands, suit cases for props. You could tell it was "production". It was easy to find some side street with similar feel.

May 11 15 02:22 pm Link

Photographer

henrybutz New York

Posts: 3923

Ronkonkoma, New York, US

I've shot in NYC many times and get chased by cops about half the time.  If you're planning to do a model shoot with tripods and lights anywhere it's not going to happen without a permit.  They don't require permits for tourist photos, so it's best to look like a tourist.

Don't bring a camera bag, tripod, or Nikon branded clothing or hats.  I found beer themed T-shirts are the best.  Don't use a monster sports lens.  No photography vests - a fanny pack works well.  If approached by the cops, act surprised and say you were just taking a few vacation photos.  Do not let any "big" words slip, like "portfolio" "landscape" or "exposure."  Say you borrowed the camera from your brother and you're still trying to figure it out.

Expect to be hassled if you take pictures of anything having to do with transportation - bridges, tunnels, ferries, subways.  Stay in public areas and walkways.  Don't spend more than a few minutes composing and taking a shot before moving on - keep moving.

May 11 15 03:03 pm Link

Photographer

-fpc-

Posts: 893

Boca Raton, Florida, US

I shoot central Park, meatpacking, dumbo, williamsburg,lower east side, times square
never had an issue

no tripods or light stands
simple backpack and speedlight/ refelctor

as mentioned..shoot some in a spot..move to another spot

I also shoot mornings before the crowds decend

May 11 15 03:13 pm Link

Photographer

Dan Howell

Posts: 3562

Kerhonkson, New York, US

Brooklyn Bridge Images wrote:
What the hell are you talking about ?
Im talking about hobbyists and students having to come up with million $ insurance plans and hundreds of $$$ for permit fees.

Yeah, i'm down with reasonable time/place/manner restrictions on public space. Public liability insurance is for a small business is a far smaller cost than auto insurance. Many NYC shoots don't require either. Many permits are actually free or at a small fee which is on par with the use of resources. Try renting a private space for a shoot and see how far your $$ goes (many also require insurance). Or were you expecting a private garden or house owner to turn over the keys just because you are a hobbyist or student.

May 11 15 03:46 pm Link

Photographer

Yingwah Productions

Posts: 1557

New York, New York, US

Brooklyn Bridge Images wrote:

What the hell are you talking about ?
Im talking about hobbyists and students having to come up with million $ insurance plans and hundreds of $$$ for permit fees.

The permit fee is $300 and that's having police cordon off parking spaces and closing streets for you. 1 million in liability insurance costs around $400-900. If you're a student going to school with photography or film program they probably carry insurance, you send in letter with schools letterhead to get insurance waived.

May 11 15 03:48 pm Link

Photographer

Francisco Castro

Posts: 2629

Cincinnati, Ohio, US

A. I. Studios wrote:
Currently, in NYC, you are allowed a mono-pod as a work around for a tripod. Tripod requires permit, mono no. The rule is "no three legged thing". I shot last year in SOHO between 2 & 4 am to recreate some Jazz era theme. police polity asked us to leave.
I had two Jazz singers, my daughter as assistant, SUV, 3 lights on various stands, suit cases for props. You could tell it was "production". It was easy to find some side street with similar feel.

Actually, no. Tripods are allowed without a permit. Here's a screen grab right from the city's page:

https://dl.dropboxusercontent.com/u/88725944/NYC%20Permit.jpg

May 11 15 06:57 pm Link

Photographer

Mikey McMichaels

Posts: 3356

New York, New York, US

Francisco Castro wrote:

Actually, no. Tripods are allowed without a permit. Here's a screen grab right from the city's page:

https://dl.dropboxusercontent.com/u/88725944/NYC%20Permit.jpg

And there's no language about being within 6 feet of the stands.

It's really connected to the ability to move out of the way. A photographer with a tripod is mobile, but once you add anything else it's a different story. If lights are hand held, then they're very easy to move.

May 12 15 06:14 am Link

Photographer

Grayscale Photo

Posts: 215

Columbus, Ohio, US

Don't get too wrapped up in the technicalities of tripods in NYC.  The key part of the requirement is the "asserting exclusive use of city property." 

If you have tripods, light stands, scrims, and such, you are almost always asserting exclusive use.  They are saying a tripod alone doesn't necessarily assert exclusive use, but it may.  You could be asserting exclusive use with only a cell phone and an attitude, but that would be rare.  It's a judgement call and they make the judgement.

In practical terms, it comes down to the view of other visitors as to whether you have created a "set" they need to avoid.

May 12 15 06:44 am Link

Photographer

Jim Burns Photography

Posts: 51

Batavia, New York, US

I shoot in NYC about every other month, about half the time with a tripod, in very crowded areas, but off to the side, for panorama shots.  I have walked by police and had them and park rangers clearly see me and they never seemed to care at all.

I have seen other photogs set up with tripods right in the middle of Times Square with a tripod to shoot time lapse stuff more than once. Don't know if they had a permit or not but again no one seems to care.

May 12 15 07:45 am Link

Photographer

Yingwah Productions

Posts: 1557

New York, New York, US

Francisco Castro wrote:

Actually, no. Tripods are allowed without a permit. Here's a screen grab right from the city's page:

https://dl.dropboxusercontent.com/u/88725944/NYC%20Permit.jpg

Don't get caught up in some people's paranoia about shooting in the city. You should know that there are 3 dedicated film schools and 4 major art colleges. Tons of students roaming around shooting projects, plus people doing engagement shoots, paparazzi, sartorialists etc. Police usually don't care.

Here's something you can print out on the off chance police do bother you:

http://jemcohenfilms.com/wp/wp-content/ … _sheet.pdf

May 12 15 09:20 am Link

Photographer

Connor Photography

Posts: 8539

Newark, Delaware, US

Nice about NYC is that the cops are busy and don't have the time to waste on the harmless stuff like harassing the photographer.   

So if you visit NYC, if you are NOT injured, don't expect the police will help you and write up a police report for you. If you are involved in a fender bender, don't bother to stop the traffic and wait for the police come by to aid you.  big_smile

May 12 15 10:07 am Link

Photographer

Mark Harris Photography

Posts: 526

Metuchen, New Jersey, US

Grayscale Photo wrote:
I think the phrase, "not otherwise asserting exclusive use of City property," is the key.  The presence of light stands, tripods, and such clearly asserts exclusive use, but so can camping in one spot with a model for a length of time and sneering at anyone who wanders through your "set."

There was a lot of discussion when these rules were established. As I remember, there is very specific language about what defines "exclusive use".

May 13 15 04:27 am Link

Clothing Designer

GRMACK

Posts: 5436

Bakersfield, California, US

Brooklyn Bridge Images wrote:
Permits are just another Revenue source

True.

Problem I have with them is they are excessive at $500 per day, or depending on the mood of the ranger who tabulates it.

Imagine going fishing at $500 a day along with a $1 million insurance rider.  You can park your RV for $50/day, but take a "deemed commercial" photo there and it is $500 more + insurance.

Somehow they have gotten into "Everyone with a camera is capable of paying Hollywood fees" even on a speculative mag article that pays maybe $300.  Insane.

A yearly license for $35 I can see along with the silly $1 million insurance that no other permit or license requires (e.g. Gun, Fishing. Etc.), but $500 per day is overboard, imho.  Put a $35 annual photo permit with a group size restriction to maybe 4 people at most, and then scale it up to Hollywood permit fees from there.

In the future I could see some N.P. admin going nuts and finding they can put a fee onto cell phone photos (Since they seem exempt for now).  They could track the GPS location and date off some of them and apply a fee to the phone's owner.  "Let's see, you took 20 photos within the boundaries of Yosemite N.P. at $200 per photo (Government prices.) between the dates of April 3 and 4th.  That'll be $4,000 addition applied to your phone bill."

May 13 15 07:36 am Link

Photographer

Francisco Castro

Posts: 2629

Cincinnati, Ohio, US

GRMACK wrote:
In the future I could see some N.P. admin going nuts and finding they can put a fee onto cell phone photos (Since they seem exempt for now).  They could track the GPS location and date off some of them and apply a fee to the phone's owner.  "Let's see, you took 20 photos within the boundaries of Yosemite N.P. at $200 per photo (Government prices.) between the dates of April 3 and 4th.  That'll be $4,000 addition applied to your phone bill."

Some National Park admin already thought it, and tried implementing it:

http://petapixel.com/2014/09/24/us-fore … mit-rules/

May 13 15 03:38 pm Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

Anyone know what the fine in NYC is for getting caught without a permit? One way to look at it is if I get fined once per year, am I still ahead?

May 13 15 03:55 pm Link

Photographer

Znude!

Posts: 3318

Baton Rouge, Louisiana, US

I knew there was a reason I like to shoot deep in the woods.

May 26 15 05:33 pm Link

Photographer

henrybutz New York

Posts: 3923

Ronkonkoma, New York, US

John Jebbia wrote:
Anyone know what the fine in NYC is for getting caught without a permit? One way to look at it is if I get fined once per year, am I still ahead?

Just avoid taking photos of transportation (bridges, tunnels, ferries) and federally owned property.  Don't spend more than 10-15 minutes shooting and move on.  I get yelled at all the time for taking photos of bridges.  No fines yet.  I just nod, act surprised and disappointed like I came this way to NYC to visit and you're yelling at me for taking a photo?

May 27 15 08:49 am Link

Photographer

Connor Photography

Posts: 8539

Newark, Delaware, US

hbutz New York wrote:
I just nod, act surprised and disappointed like I came this way to NYC to visit and you're yelling at me for taking a photo?

Yeah, pretend that you don't speak English and act like a Japanese tourist with many cameras around your neck.  big_smile

May 27 15 09:13 am Link