Press association files suit over photo policy

[Inky_Wretch]

In Illinois, the state's high school sports organization tried to limit the use of photos taken by newspapers. State press association filed suit over it.

http://www.pantagraph.com/articles/2007/11/01/sports/doc472a869c7afc5126981317.txt

I know this is a growing trend. How are y'all dealing with it?

 

[Ace]

Well, I'd say that anyone who agrees to that outta have their press credential yanked.

 

[wickedwritah]

We had this debate when Wisconsin did this last year.

This is a key graf from the story: "At the same time, as a condition of receiving a media pass, newspapers are required to sign an agreement limiting their own access and the “secondary use” of photos not printed in the traditional newspaper."

In other words, newspapers want to use 20 stories from a photog, not published in the paper, and sell them for $20 a pop.

Do you people realize photo reprints are one of the biggest pieces of our business?

It is one thing to sell a reprint of a photo we've used in the paper -- used in the newspaper based on news judgment and selection of an editor.

It is another to resell these photos simply by posting them in an online photo gallery, and without expecting to pay some form of rights fee.

The state association isn't getting money from the sale of these photos. The photog certainly ain't. It's all going into Mr. Publisher's pocket.

 

[BillyT]

I know at several places I have worked there has been a strict policy about not selling anything that did not appear in print.

 

[wickedwritah]

I know at several places I have worked there has been a strict policy about not selling anything that did not appear in print.

Many times, done for legal reasons. But now places are throwing slideshows of 20 photos up online, then saying that since it's been used in some form of media content, it's OK to sell those photos -- slideshows that were created in the first place solely to make a buck (from photo sales and ads derived through hits).

 

[hotrobber]

The battle is raging in Arkansas as we speak.

 

[wickedwritah]

Best analogy I saw was this, and it might've been from Luggie: If a TV station sold B roll from a high school game, like we do of pics from online photo galleries, there'd be suits from the state associations left and right.

 

[KP]

State high school athletic associations, the only group hated more than us.

 

[slappy4428]

Highlights cannot be used for any purpose two days following the event.

Dear IHSA,
We will no longer promote any of your events.
Signed, the media.

 

[lone star scribe]

Press associations and newspapers need to fight this in court. High school associations, pro leagues, college teams -- and newspapers -- are trying to carve out space on the Internet to develop new revenue streams. Nothing wrong with that. But if a newspaper posts photos on its Web site, they are published. And no government entity can restrict that. It's prior restraint. Look up New York Times v. United States (aka Pentagon Papers) for the full explanation. And get ready to laugh when the high school associations try to wrap the football playoffs in the national security flag.

Can a private entity, such as a pro team or pro league, restrict access? Possibly yes. They already do, because you have to have a sideline photog pass to shoot. But if they make publishing concessions a requirement, the courts might look negatively at it. Bottom line: A well-financed media organization needs to take it on in court and see if the other side blinks.

 

[Clerk Typist]

The IHSA isn't a government entity, it's a non-profit association, a private entity.
Is their policy only for state finals, for which they issue the sideline passes, or all state playoff games, or all games, including regular season?

 

[Big Buckin' agate_monkey]

The IHSA isn't a government entity, it's a non-profit association, a private entity.
Is their policy only for state finals, for which they issue the sideline passes, or all state playoff games, or all games, including regular season?

The policy does not include regular season contest, but I'm not sure if it's for the entire state tournament or just the state finals.

 

[Lyman_Bostock]

Most state high school associations are private entities, but they probably fall under that "quasi-governmental" category. That makes them different from, say, NASCAR.

The press association should fight this thing tooth and nail.

 

[Inky_Wretch]

Best analogy I saw was this, and it might've been from Luggie: If a TV station sold B roll from a high school game, like we do of pics from online photo galleries, there'd be suits from the state associations left and right.

The problem I have is some state associations are now claiming copyright ownership of all photos and video taken at postseason events. Write a policy that expressly forbids selling the photos, but don't try to claim you own the photos.

 

[Idaho]

Can newspapers sell unpublished prints from NFL, MLB or NBA games?

Do pro athletes get a cut of reprint sales? If so, should amateur athletes get a cut from the profits of their image?

Just askin'

 

[novelist_wannabe]

This also raises some interesting conflict of interest questions. To wit: If we're selling reprints and the association is also selling pictures, how might that competition impact our news judgement regarding the association? I'm not saying it will or it won't but it's worth asking.

 

[Toby Carrig]

The Great Plains region has discussed this topic at recent APSE functions, and the word from legal counsel is that the court fight would not be successful. I don't know if that means newspapers shouldn't have it in the arsenal in efforts to reach some compromise, along with newspapers independently making decisions on whether these policies by high school associations will affect coverage decisions.
In Missouri, MSHSAA snuck in wording on the credential forms a few years back: "Any secondary use of any picture, audio description, videotape/film or drawing of the event taken or made by an accredited agency or individual to whom a credential has been issued (including, but not limited to, use in delayed editorial or noneditorial, advertising, sales promotion or merchandising) is strictly prohibited."
Knowing there were growing concerns about the issue this summer, they reworded their credential: "Advance consent from the MSHSAA is required for any secondary use of any picture, audio description or videotape/film of the event taken or made by an accredited media agency or individual to whom a credential has been issued (including, but not limited to sales promotion or merchandising)."
MSHSAA is one of those associations that has contracted with a company that takes action photos and the awards ceremonies and sells those photos to parents and whomever. Their goal is to protect that business relationship.
This year, MSHSAA also formed a media advisory committee (something Illinois has had for many years) which eventually may help work on some policy decisions in this area.