July 14, 2008 - Commissioner Katherine Oliver of the Mayor’s Office of Film, Theatre and Broadcasting (MOFTB) today announced the adoption of rules governing the issuance of permits in connection with filming activity in New York City. The rules, which were published today in the City Record and will go into effect thirty days after publication on August 13, will require a permit if filmmakers use vehicles or equipment, or, in certain situations, assert exclusive use of City property. Permits will 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. The adopted rules outline the practices of the MOFTB, codifying the procedures that have existed since the office was established in 1966. A copy of the rules and an accompanying “Q&A” document explaining them are available below.

“For more than four decades, the Mayor’s Office of Film, Theatre and Broadcasting has served as the one-stop shop for productions in New York City, and these new rules will strengthen our office’s ability to serve both the industry and the public,” said Commissioner Oliver. “We wish to thank the industry, the film community and other groups for working with us as we formulated these rules that substantially mirror our practices of assisting film and television productions shooting on location in the City.”

MOFTB first published proposed permit rules in the City Record on May 25, 2007, held a public hearing regarding the rules on June 28, 2007, and received extensive comments through August 3, 2007. MOFTB then republished the rules for comment on October 30, 2007, received additional extensive comments, and held another public hearing on December 13, 2007. Since that time, all comments received have been reviewed as the final version of the rules was prepared.

When a Permit Is Required

Under the adopted rules, a permit would be required for filming if equipment or vehicles, as defined in the rule, are used or if the person filming asserts exclusive use of City property. Equipment does not include hand-held devices (such as hand-held film, still, or television cameras or videocameras) or tripods used to support such cameras, but a permit would be required in certain situations when the person filming asserts exclusive use of City property while using a hand-held device.

Anyone wishing to apply for a permit can find the proper documents, including fillable PDFs, and other useful information for shooting in the five boroughs online at www.nyc.gov/film. Among other information, applicants will be asked to provide their contact information, duration of project, proof of insurance, and other relevant production details for a required permit.

When a Permit Is Not Required

A permit is not required for filming that uses hand-held cameras or tripods and does not 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.

In addition, activity that involves the filming of a parade, rally, protest or demonstration does not require a permit except when equipment or vehicles are used. The rules also provide that press photographers, who are credentialed by the New York Police Department (NYPD) do not need to obtain a MOFTB permit.

Optional Permits

When a permit is not required, it is possible to apply for an optional permit. A person wishing to apply for an optional permit would present much of the same documentation as someone seeking a required permit (e.g. request for dates, times and locations and contact information). Liability insurance is not required in connection with an optional permit. Sometimes there has been confusion as to whether or not a permit is required. As a result, and as an accommodation to filmmakers, MOFTB has routinely issued permits in those instances where a permit is not required. The rules are consistent with this longstanding practice.

Liability Insurance

Liability insurance is needed for those who obtain a required permit. However, when an applicant can demonstrate that obtaining the required insurance would impose an unreasonable hardship, MOFTB may waive the need for liability insurance. In addition, student filmmakers can meet their liability insurance obligations through coverage under their school's insurance program.

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Since its inception, MOFTB has always offered free permits requiring only liability insurance under certain circumstances. In addition, if warranted by the activity, MOFTB also coordinates 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. By codifying existing procedures as a rule, MOFTB has endeavored to meet the challenge of identifying a threshold level of activity which necessitates a film permit, while at the same time substantially mirroring its current practices. The NYPD is formulating a directive to inform their officers about the new rules.

The MOFTB was the first film commission established in any locality in the United States, and is the one-stop shop for all production needs in New York City, including free permits, free public locations and free police assistance. The agency markets New York City as a prime location, provides premier customer service to production companies and facilitates production throughout the City’s five boroughs.

To view the rules in their entirety, click here.

To view a question and answer document explaining the permit rules, click here.