The Basic Rules
The rules for shooting video are the same as shooting stills. You do not need a permit if you are shooting with handheld equipment. Tripods and monopods qualify as “handheld,” and, of course, if you are using stabilizers (like a Stedicam® Merlin™), or shoulder mounted rigs and others that depend points of body contact, you are fine. Put anything else other than a tripod or monopod on the sidewalk or street including, but not limited to a dolly on your tripod, an apple box, props, light stands, inverters, batteries, generators, or if you are using vehicles or impacting the flow of traffic, you will need a permit. If the scene you are shooting involves actors/models depicting uniformed public safety personnel, or involves prop firearms and weapons, you will also need a permit and NYPD presence is required. The definition of “handheld” covers photographic and video equipment like lighting and reflectors as well. A strobe mounted to a light stand placed on the ground requires a permit; the same strobe on an extension arm and carried by an assistant qualifies as handheld, and does not require a permit.
Made in NY Gets a Little More Expensive for Some
If your shoot — whether stills or motion— requires a permit, you must have insurance, the City of New York must be named as an additionally insured and the certificate must contain the language specified on the MOFTB site. As of July 11, 2010, the processing fee for initial applications for permits goes from no cost to $300. The fee, which is an application processing fee and not a location fee, is being implemented to offset budget cuts. It must be paid in the form of a certified check or money order, and must accompany the permit application. Whether you are “CSI NY” and filming 18 plus episodes, or a photographer shooting a single editorial piece using two light stands, the initial or new permit application process will cost you $300. Student projects are not exempt from the permit process or application fee. It should be noted that MOFTB does have the ability to waive the permit processing fee if you can demonstrate economic hardship as outlined in the regulations.
The Middle Ground between a Permit and No Permit: The Optional Permit
While you can certainly shoot “handheld” without a permit, there are times when you might want some documentation that acknowledges your right to shoot at the location you have selected. MOFTB offers an “optional permit.” Why? Because every building owner, apartment dweller, homeowner and security guard is not aware of the rules as it relates to filming or photographing on public property in front or near their property. What the optional permit does is give you a piece of paper that acknowledges your right to be there. This acknowledgement can quell a potential altercation. Even if you are doing everything handheld, if your shoot involves a number of people or is extraordinary in any way, it might be wise to get the optional permit. There is no fee or insurance requirement for an optional.
Visit MOFTB
To read all the rules and regulations in their entirety, I strongly urge you to visit the MOFTB Website. You can also download the various forms and instructions from the Website. If you have any questions or concerns you should contact them. I have dealt with the MOFTB staff there on numerous occasions and they are courteous, knowledgeable and extremely helpful.
The MOFTB site will also point you in the appropriate direction for information on shooting in the various parks and other City properties which are administered by different departments or entities.
Whether you are operating with a permit, an optional permit or shooting without one, MOFTB indicates that you are expected to comply with the request of law enforcement officers.
A Comment on Permits for Our Readers Shooting Outside of NYC
I always suggest to people that they not confuse the right to photograph and videotape with the right to use all kinds of equipment on the streets. If you are planning a shoot which involves placing any type of equipment on public property, you should check with the locality to determine what is allowed. There is nothing worst than having your shoot shut down because of a lack of due diligence.
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