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The Illinois Press Association has filed a lawsuit "to seek a resolution to the simmering conflict about the secondary use policy regarding photographs, and the preferential treatment afforded to VIP photographers."
Allowing a private party to have unfettered access while limiting the press is another example of prior restraint and also violates the state’s “equal protection” clause of the Illinois Constitution, according to the lawsuit.
“It’s very clear what this is about,” said David Bennett, Executive Director of the IPA. “After a century of supporting and promoting local school sports, newspapers have helped develop a market that the IHSA now wants for itself. We believe what they’re doing is unlawful.”
The Northwest Herald and State Journal-Register also have joined the lawsuit.
"The commercial interest in school sports is small for individual newspapers,” said Sue Schmitt, publisher of the State Journal-Register. “Selling images is viewed more as a public service with the costs of covering the teams outweighing the income generated. But collectively, the commercial interest could be very large for the IHSA. This is about money for the IHSA.”
A hearing on the lawsuit is set for 1:30 p.m. on Nov. 5 in Sangamon County Circuit Court with Judge Patrick Kelley.
Here is the official press release issued: http://illinoispress.org/index.php?option=com_content&task=view&id=171&Itemid=1
Here is an update as Nov. 6:
Newspapers Sue IHSA - updated
UPDATED NOV. 5, 2007 at 4:35pm
A Sangamon County Circuit judge considered whether to grant a Temporary Restraining Order (TRO) against the Illinois High School Association and its rules that limit access to post-season sports tournaments and the “secondary use” of photos taken at those events. It was the first court appearance in a pending lawsuit that the Illinois Press Association filed last week against the IHSA. Judge Patrick Kelley delayed ruling on the TRO in an effort to give the parties more time to try to come to an agreement.
The IHSA has entered into an agreement with Visual Image Photography Inc. for exclusive rights for photography during post-season tournaments. At the same time, the IHSA requires newspapers, in exchange for media credentials, to limit their own access and to restrict the sale of photos not published in the newspaper. Judge Kelley indicated that he would not favor restrictions on access nor on publishing to the Internet. He did not indicate where he stands on the sale of photos.
The IPA’s position is that such restrictions amount to prior restraint of newspapers’ Constitutional rights.
-Joe Trost
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Comments
IHSA making their own rules to make money for their pockets?? NEVER!!!! Trost I finally agree with your IHSA-YSO statements!!!Glad someone isn't afraid to stand up to the IHSA-DUMMIES!
Posted by: soccergura10 | November 3, 2007 3:04 AM
November 5, 2007
Judge Denies Illinois Press Association Motion for Restraining Order
In the Circuit Court of the Seventh Judicial Circuit in Springfield today, Judge Patrick Kelley denied a motion by the Illinois Press Association seeking a temporary restraining order.
The judge determined that there was no emergency in this particular case. The Association has a longstanding relationship with VIP Photography and has a longstanding media policy preventing the secondary use of any picture, film, videotape, drawing or other depiction of an IHSA game or event. This policy is consistent with the policies currently in place at Illinois State University, the University of Illinois and the Big Ten, among others.
In papers filed with the court today, the IHSA further explained its relationship with VIP. Executive Director Marty Hickman said, “Contrary to what has been stated by the Illinois Press Association, the Illinois High School Association has received no payment of any kind in its contractual relationship with VIP. The Association has used photographs taken by VIP to promote participation in interscholastic activities, sportsmanship, officials education and other uses consistent with the Association’s mission.”
Today, Judge Kelley encouraged both sides to enter into discussions in an effort to settle the issues. “We continue to be willing to discuss any issues brought forward by the Illinois Press Association,” said Hickman. “That offer was last made to Dave Bennett, Executive Director of the Illinois Press Association, on August 9, 2007, in a meeting that took place in the IHSA Office. However, rather than sharing its concerns as agreed to in our August meeting, the Illinois Press Association decided to file a lawsuit.”
Posted by: Soccerguru2 | November 6, 2007 11:53 AM