On May 3, 2010, The New York City Mayor’s Office of Film, Theatre and Broadcasting has quietly proposed amending the New York City Charter to require a “New Project Account application” which requires a non-refundable $300 fee when applying for a permit to shoot in New York City.

Some Background
On July 14, 2008, the Mayors Office of Film, Theatre and Broadcasting adopted new rules governing the issuance of permits in connection with filming in New York City. The new rules went into effect on August 13, 2008. In short, the rules adopted made it a requirement for filmmakers (and still photographers, though it doesn’t specifically say this) to get a permit for shooting when shooting on city property when using vehicles or equipment that is not handheld. The new rules required those seeking a permit to carry $1,000,000 in Liability Insurance. Prior to the adoption of these rules in 2008, still photographers had a separate permit application which did not require insurance. Additionally, these rules grouped together still photographers and film makers and required them both to fill out a new and more complicated permit application.

In all fairness, the MOFTB also eased regulations for filming on city property when hand-held cameras (and a tripod for that camera) are used and when the filming does not assert “exclusive use of City property”. If the photographer or filmmaker is shooting without equipment (i.e. lighting equipment) no permit would be required, though an optional permit could be obtained and this optional permit does not require insurance.

The Current Situation
With the current proposal by the MOFTB, a New Project Application would have to be submitted to the MOFTB for any new project requiring a permit. A non-refundable, $300 application fee will be required to be submitted with the application. (The Optional Permit will remain free of charge and will not require a New Project Application.) The proposal, as it currently reads, says, “The fee would apply to the application process for each project, and is not a location fee.”

Again, in all fairness, there is a waiver provision in the proposal for both the insurance requirement and the “New Project Application Fee”. The waiver provision says the MOFTB shall have the right to waive the insurance requirement if the requirement imposes “unreasonable hardship on the applicant”. Additionally, it says that if an applicant is granted a waiver for the insurance requirement they will qualify for a waiver of the $300 “New Project Application Fee”. The proposal currently puts the “burden of demonstrating unreasonable hardship” on the applicant.

The Reality of the Situation
Most editorial and advertising photographers require the use of at least some equipment other than a camera and a tripod and are therefore required under current and proposed rules to obtain a permit. The concern here for still photographers is not and should not be about the insurance requirement, it is only good business for a still photographer to protect his livelihood by having insurance.

The MOFTB states in its “Notice of Public Hearing and Opportunity to Comment” that this “New Project Application Fee” is not a location fee and the majority of City-owned exterior locations would remain fee of charge.

I beg to differ with the MOFTB. An editorial photographer shooting a project for a magazine would be required to submit a “New Project Application” for each project, even if the project was a single location on a single day. Not only is the MOFTB adding more bureaucracy to the permitting process and adding (we can only assume) time to the process, but they are also requiring a non-refundable fee. In this situation that single location is now costing the photographer $300, how can that not be considered a location fee? If a permit is denied, the fee is kept by the city. Is that a penalty for wanting to shoot in and showcase the beautiful city that we take so much pride in.

Editorial photographers have always dealt with low rates from publishers and in many situations there is no compensation for expenses. The new proposal suggests that an applicant can apply for a waiver of the insurance and “New Project Application Fee”, but requires a photographer to show “unreasonable hardship” in applying for that waiver. I can only imagine that this will add time to the process and also requires the photographer to provide unnecessary paperwork to prove such hardship.

The provision describing the waiver says:

The burden of demonstrating unreasonable hardship shall be on the applicant, and may be demonstrated by a showing, for example, that the cost of obtaining insurance for the permitted activity exceeds twenty-five percent (25%) of the applicant’s budget for such activity that is the subject of the application. MOFTB shall take into consideration the applicant’s projections of budget as well as the budget projections for comparable productions of similar size and duration in determining whether the cost of obtaining insurance exceeds twenty-five percent (25%) of the budget.

With already low rates, and small profit margins to begin with, the MOFTB could take up to 25% of the budget as a “New Project Application Fee”. This would virtually put an end to location editorial fashion in New York City.

To make matters worse, a television series (with budgets probably in the millions) would only be required to file a New Project Application (and fee) for each season, yet a still photographer would most likely be required to submit a New Project Application (and fee) for each project or job. It is the large television studios and movie productions that take the majority of the MOFTB’s resources, not the still photographers.

According to ManhattanStyle.com, When The Wall Street Journal asked Mayor Michael Bloomberg about the proposal he said that the proposed amount was too small to “bang the decisions of Hollywood business”. But what about the little guy?

FIGHT BACK
As with any proposed change to the “Rules of the City of New York”, a public comment is required. I urge all photographers and publishers in New York City and those who love working in New York City to participate in this comment period.

On or Before June 1, Written comment regarding this proposed amendment may be sent to:
The Mayor’s Office of Film, Theatre & Broadcasting
1697 Broadway
New York, New York 10019

Electronic comments may be sent via email to:
applicationfee@film.nyc.gov

A hearing for public comment will be held on June 3, 2010 at 125 Worth Street, 2nd Floor at 2:00 PM. Any person seeking to testify are requested to notify Dean McCann at (212) 489-6710 or via email at applicationfee@film.nyc.gov no fewer than five business days before the hearing.

Additional Information
- nyc.gov: MOFTB Proposes Processing Fee for New Project Applications
- Notice of Public Hearing and Opportunity to Comment – PDF Document
- Permit Rules Adopted on July 14, 2008
- NYC Mayors Office of Film Theatre & Broadcasting
-ManhattanStyle: NYC City PRoposes Filming Permit Fees
-- The Washington Times: Free-permit filming in NYC is over
-- NYULOCAL.com: New Proposed Filming Permit Fee Means Your Student Film Could Need A Bigger Budget
-FACEBOOK.COM GROUP: NYC Mayor’s $300 Film Permit Policy is UNFAIR to the Film/TV Industry
-HOLLYWOOD REPORTER: NYC to charge for film permits

About the author

Kevin Michael Reed
Kevin Michael Reed (Google+, Facebook) is a fashion & beauty photographer and producer/director based in New York City and Los Angeles, CA. He is the President/CEO of RedFOG Visual Media, a production company in New York City, and a partner in Passion of Photography, Inc, a company dedicated to teaching photographers and sharing our passion through charitable causes. Kevin has lectured and hosted workshops throughout the United States and the world teaching photographers the business and creative sides of photography. (Kevin's Fashion & Beauty Photography Portfolio can be seen here).

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