The Right to Take Pictures.

Written by Alice Arnold to
The New York Times,
July 18, 2007.

To the Editor:
The Mayor’s Office for Film, Theater and Broadcasting (MOFTB) was established in the 1960s to help facilitate filmmaking, broadcasting and theater production in New York City. One of their main functions is to issue permits so that filmmakers and photographers can work on city streets. These permit rules are currently under review. The new proposed permit rules would severely limit the ability of photographers, media artists and independent producers from using city streets and public spaces to create work. A fuller description of the proposed rule changes can be found in a 29 June 2007 New York Times article by Ray Rivera.

These proposed rule changes, which effectively control who can legally make images in public spaces, are one of the many ways since 9–11 that the city is using as a mechanism to control activities in the streets. In this respect this is a civil liberties issue that all citizens, not just images makers, need to be concerned and active about.

Another serious ramification of these proposed rules changes is to the very idea of culture itself. If the state becomes the determinator of who can utilize city streets to make images, how will this effect our collective cultural image bank? Would Robert Frank have been able to take the photographs that led to his searingly influential book “The Americans” if he had to apply for a permit every time he went out to make images of urban life and urban experiences? It is hardly likely because for one, when shooting in a reportage style one often doesn’t know where one will be shooting the next day; secondly, the time it takes to get a permit is prohibitive to independent artists and filmmakers; and thirdly, the insurance costs needed to secure the permits are often higher than the total production costs of the project. So in addition to policing people’s activities in the public domain, the proposed permit changes also function as a cultural controller. This is at odds with the City’s desire to foster cultural capitalism and be a competitive world city.

The MOFTB was set up to foster the film, broadcasting, theatrical and photography industries in New York City. This was and is a smart investment for the city and it is a model that many cities around the world have copied. Not only do these industries add to the economy of their cities, in terms of well paying jobs and the support of local businesses, but the images of the city that are produced, by individual artists and independent filmmakers as well as by large-scale film and television productions, are an investment in the city itself — a form of cultural capitalism. The value of these independently produced images can even outstrip the latest blockbuster's opening weekend numbers. Certainly in monetary values – think of all the photographic images of New York that are highly sought by collectors — but more importantly, there is value in culture. Culture is priceless because it is a generator of creativity and of ideas; it is a bank of knowledge, memories, and of history; and it is an active force in the shaping of new expressions, new forms, and new meanings. But culture and creativity does not flourish under censorship.

Culture is created when individuals ask questions, take risks, explore new territories, and turn their lenses on themselves and on the world outside their doorsteps.

—Alice Arnold
—Hong Kong

EDITOR’S NOTE:
On August 3, 2007, a petition signed by more than 34,000 people protesting the proposed rule change for Film Permits, was delivered to Mayor’s Office of Film, Theatre & Broadcasting, and the City Council Committee on Culture, Libraries, and International Intergroup Relations. On August 4 the Film Office Commissioner issued the following statement:

“We appreciate the feedback and collaboration of the production community in the city and look forward to revising our proposal.” The future, however, remains uncertain. We continue await the details of the proposed revision.

Alice Arnold is an artist with a strong interest in protecting full access to public space. She is the producer of the acclaimed film, To Be Seen (2006), which explores the importance of street art, and public space, in New York City.

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