Tripods banned on New York streets
A stock photographer was stopped recently not once, not twice but three times by NYPD officers because he was using a tripod. They told him tripod use is now prohibited in all of New York City unless you get a special permit.
In 2007, a permit rule preventing the use of a tripod was proposed but amended after protestations. The new proposal read:
“(i) Filming or photography occurring on City property, as described in subdivision (a) of this section, involving the use of hand-held devices as defined in paragraph three of subdivision (a) of § 9-02, provided that such activity neither involves the obstruction of one or more lanes of a street or walkway of a bridge, nor results in less than eight feet or one half of the width of a sidewalk or other public pedestrian passageway, whichever is greater, for unobstructed sidewalk use by pedestrian traffic.”
It goes on to define hand-held devices as:
“(3) “Hand-held devices” shall mean (i) film, still or television cameras, videocameras or other equipment which are held in the photographer’s or filmmaker’s hand and carried at all times with the photographer or filmmaker during the course of filming, or (ii) tripods used to support film, still, television cameras or videocameras. Hand-held devices shall not include cables or any other item or equipment not carried by the photographer or filmmaker at all times during the course of photography, filming or transmission.”
Clearly, if you are not obstructing a street or walkway, then a permit is not required. However, it seems the police are misinterpreting the law, or the amendment was amended, unlikely, before a rule was passed.
I haven’t been able to find anything on the Mayor’s Office of Film, Theatre and Broadcasting website that supports the prohibition of tripod usage by a single stock photographer whose only equipment consists of a tripod and camera and no models.
The proposed permit rules can be read by clicking here.
Leading photo associations urge Congress to amend legislastion
The SAA (Stock Artists Alliance) have just released the following statement regarding the Orphan Works bills S2913 and HR5889:
A growing chorus of concern, even outrage, about the current Orphan Works legislation demonstrates the importance of this issue for most photographers and other visual artists.
Meantime, representatives from organizations that include the largest share of U.S. advertising, editorial and stock photographers have been meeting with members of Congress and key staff. Their discussions have focused on seeking solutions for the problems of unidentified creative works and missing creators, while preserving constitutional protections for intellectual property.
Read the full SAA statement by clicking here.
Photographer awarded $12 million in copyright infringement case
Liz Ordonez-Dawes, an accomplished architectural and interior design photographer, recently was awarded more than $12 million dollars for copyright infringement of seven photographs.
In brief, the court found that the defendants distributed Ms. Ordonez-Dawes’ photos of high-end houses to various third parties for advertisements to sell the houses without authority and with knowledge that such act constituted copyright infringement.
The court’s Order provides some background of the case as well as the calculation of damages.
Read the full article on the Photo Attorney blog by clicking here.