Some Photography Related Laws, Rules and Regulations:

We are not attorneys so you should not construe anything on this page as legal advice. The laws and regulations are transcribed on this page for your convenience. Consult with an attorney for further clarification or advice as to how/if they affect you or your project.

Photography in New York City
Permits are required under certain circumstances otherwise you are free to photograph anything that can be seen from public space:

(1) Required Permits. The following activities require that a permit be obtained pursuant
to this chapter:
(i) Filming, photography, production, television or radio remotes occurring on City property, as described in subdivision (a) of this section, that uses vehicles or equipment.
(ii) Filming, photography, production, television or radio remotes occurring on City property, as described in subdivision (a) of this section, if such activity involves the obstruction of one or more lanes of a street or walkway of a bridge, or if such activity 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.
(2) The following activities do not require that a permit be obtained pursuant to this
chapter:
(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.
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(ii) Filming or photography of a parade, rally, protest, or demonstration except
when using vehicles or equipment.
(3) For purposes of this subdivision (b), “obstruction” shall mean the assertion of exclusive control with respect to the use or occupancy of such space, and “unobstructed sidewalk use” shall mean, with respect to filming or photography occurring on a sidewalk or other public pedestrian passageway, the use of such space that is not an “obstruction”.

Photography of Architecture:
17 USC 120(a):
§120. Scope of exclusive rights in architectural works

(a)
Pictorial representations permitted. The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.

Photography in the New York Subway:
21 NYCRR 1050.9 (c)

Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of this Part.

Photography on MTA Bridges and Tunnels:
Photography is not addressed directly in the regulations, however signs were posted that prohibit photography. The applicable regulation requires compliance with all signs:

1020.8 Compliance with posted signs. Every motorist and pedestrian using any facility under the jurisdiction and control of the Triborough Bridge and Tunnel Authority shall obey and comply with the provisions of any posted sign on any of its facilities.

This rule applies to the Bridges and Tunnels owned by New York’s Metropolitan Transportation Authority (MTA Bridges and Tunnels), formerly the Triborough Bridge and Tunnel Authority. They include the Triborough Bridge, Verazzano Bridge, Queens-Midtown Tunnel, Whitestone Bridge and Throgs Neck Bridge.

Photography of Military Facilities:

§ 795. Photographing and sketching defense installations
(a) Whenever, in the interests of national defense, the President defines certain vital military and naval installations or equipment as requiring protection against the general dissemination of information relative thereto, it shall be unlawful to make any photograph, sketch, picture, drawing, map, or graphical representation of such vital military and naval installations or equipment without first obtaining permission of the commanding officer of the military or naval post, camp, or station, or naval vessels, military and naval aircraft, and any separate military or naval command concerned, or higher authority, and promptly submitting the product obtained to such commanding officer or higher authority for censorship or such other action as he may deem necessary.
(b) Whoever violates this section shall be fined under this title or imprisoned not more than one year, or both.

To all bridge and tunnel operating authorites: You are NOT “vital military or naval installations” so END your stupid photography prohibitions NOW!

Photography Rules on PATH (Port Authority Trans Hudson)
The official rule is as follows:

IX. Photography and similar activity.
A. The taking or making of photographs of any portion of the PATH system is prohibited except as provided herein.

B. The taking or making of films, video recordings, and drawings or other visual depictions are subject to the same prohibitions, restrictions and procedures as are applicable to photography.

C. Photography which involves any of the following must comply with the requirements of the Extended Photography Policy and Procedures, in addition to these Rules:
1. Exclusive use of any area or any railcar or part of a railcar.
2. Exclusion of members of the public, PATH or Port Authority personnel, or PATH or Port Authority contractors from any area or any railcar or part of a railcar.
3. Use of equipment other than handheld equipment with self-contained power sources.

D.
1. No person may take a photograph of any portion of the PATH system unless he or she is accompanied by a representative of PATH.
2. No photograph shall be taken of any specific location, device or structure if such representative advises that such photography is prohibited because it will create an image which could be used to aid in the planning of an attempt to disable, destroy, avoid or circumvent any operational, safety, security, evacuation or emergency response device, structure or procedure, or which could be used in the planning of an attempt to commit an act of violence or intentionally cause disruption of rail service or public panic within the PATH system or a part thereof. If possible, a suggestion for alternative photography in PATH which would not have such an effect shall be made by the PATH representative.
3. A photographer and all members of his or her party shall follow the directions of such representative made for the purpose of preventing unreasonable interference with PATH operations, maintenance and construction, and to preserve the health and safety of the photographer or others.
4. A photographer may protest any direction made pursuant to paragraph (2) or (3) in the same manner as an appeal from the denial of a permit as set forth herein.

E. No person may take any photograph within PATH unless he or she has been issued a permit therefore by PATH as set forth herein.
1. A permit application shall be submitted in writing no later than thirty-six (36) hours preceding the commencement of the activities for which the permit is sought, and no earlier than seven (7) days preceding the commencement of the activities for which the permit is sought.
2. Permit application shall be submitted in person to the PATH Permit Administrator, or the designee thereof, during the hours of 9:00 AM to 10:30 AM and 1:30 PM to 3:30 PM, Monday through Friday, excluding holidays.
3. The permit application shall set forth the type, time, location and duration of activities to be conducted, and the name, address and telephone number of the person making the request (in the case of a group, it shall be sufficient to supply the name, address, and telephone number of the person who can be contacted if problems arise concerning the granting of the request). If a person making the application indicates an affiliation with an organization or group, the name and address of a local representative of the organization or group to act as a liaison will be requested; however, refusal to provide such information shall not be grounds for denial of a permit.
4. Permits will be granted on a first-come, first serve basis depending on the availability of escorts. An application will be denied in whole or in part only if: (a) the presence of visitors in a requested location would unreasonably interfere with PATH operations, maintenance and construction; (b) if the conduct cannot be performed without creating an image which could be used to aid in the planning of an attempt to disable, destroy, avoid or circumvent any operational, safety, security, evacuation or emergency response device, structure or procedure, or which could be used in the planning of an attempt to commit an act of violence or intentionally cause disruption of rail service or public panic within the PATH system or a part thereof; (c) if the location requested may not be visited safely by persons other than PATH or other operation, construction or maintenance personnel; (d) the application is incomplete; or, (e) the application discloses that the activities to be performed thereunder will violate these Rules.
5. A permit will be issued, or the application denied, by the PATH Permit Administrator or a designee thereof, no later than 5:00 PM of the day following submission of the application, excluding Saturdays, Sundays and holidays recognized by PATH. The reason for the denial of an application or any part thereof shall be set forth in writing.
6. (a) Upon the denial of any application for a permit, or the failure to issue a
permit by 5:00 PM of the day following submission of the application, excluding Saturdays, Sundays and holidays recognized by PATH, the applicant may submit a written appeal to the PATH General Manager, or a designee thereof, setting forth the reasons why the application should be granted.
(b) An appeal shall be submitted in person to the PATH Permit Administrator, or a designee thereof, during the hours of 9:00 AM to 5:00 PM, Monday through Friday, excluding holidays. The PATH Permit Administrator, or the designee thereof, shall cause the appeal to be delivered to the General Manager, or a designee thereof.
7. A written decision denying the appeal, or issuing a permit, shall be made no later than 5:00 PM of the day following submission of the appeal, excluding Saturdays, Sundays and holidays recognized by PATH. If no decision is issued by 5:00 PM of the day following submission of the appeal, excluding Saturdays, Sundays and holidays recognized by PATH, the appeal shall be deemed to be denied on the basis of the original decision denying the application.
8. A decision made in response to an application for a permit or an appeal of a denial of a permit shall not disclose information which could be used to aid in the planning of an attempt to disable, destroy, avoid or circumvent any operational, safety, security, evacuation or emergency response device, structure or procedure, or which could be used in the planning of an attempt to commit an act of violence or intentionally cause disruption of rail service or a public panic within the PATH system or a part thereof.
9. Any person whose application for a permit has been denied may seek review of the final decision denying such application in a proceeding commenced pursuant to Article 78 of the Civil Practice Laws and Rules of the State of New York, or action in lieu of prerogative writ in the courts of the State of New Jersey.
10. The General Manager of PATH, or in his or her absence, the person designated to act in his or her stead for general management purposes, may withdraw or suspend a permit for photography in the event of, and during the pendency of, an emergency condition such as a snowstorm, fire, accident, power failure, transportation carrier schedule interruption, or other condition of such nature and character that the conduct of permitted activities would cause a danger to persons or property during the pendency of such emergency condition.

In practice the effective rule is that unless you are a member of the working press for a MAJOR news organization or a movie producer with some BIG $$$$$$$$$$ don’t even bother applying. No amateur to our knowledge has ever been granted a permit.

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