 |
|||||||||
|
|||||||||
|
|||||||||
|
|||||||||
Fall 2007 Bulletin
Illinois Press Association Sues High School Sports Association Over Image Controls
Lawsuit Says the Public Entity’s Restrictive Practices Are Unconstitutional
The Illinois Press Association (IPA) filed a lawsuit against the Illinois High School Association (IHSA) on Nov. 1, 2007 over new rules that limit access for photographers at the Illinois High School state football tournament and limit the use of the images from state sports tournament events.
The lawsuit, which was filed in Springfield, Ill. in the Sangamon County Circuit Court, asks for a temporary restraining order against the IHSA’s contract with Visual Image Photography Inc. which grants the company “exclusive and unlimited access to IHSA tournament locations and photo opportunities” as well as a rule which states, as a condition of receiving a media pass, newspapers are required to sign an agreement limiting the “secondary use” of photos not printed in the traditional newspaper.
According to the complaint, the IHSA has not defined the term “secondary use,” but state officials have intimated that it means any use outside of a traditional print newspaper story, including advertising and marketing, as well as on newspaper Web sites.
Under its contract with the IHSA, Visual Image Photography pays for the privilege of unlimited access and “other preferential treatment” at IHSA tournament events, according to the complaint. The IHSA promotes Visual Image Photography as “the official photographer of the IHSA,” and the photographer also offers to sell its photographs to participating schools and the families of team members.
The complaint said “the IHSA has no purpose, aside from promoting its own commercial interest, in limiting [the IPA’s] ability to take or make use of photographs at IHSA tournament events.”
According to the IPA, the IHSA rules also limit Internet broadcast of games to “regularly scheduled” newscasts not to exceed 30 seconds per clip or two minutes of total game time within any one-hour period without the consent of the IHSA. Highlights cannot be used for any purpose for two days following the event.
In its complaint, the IPA says that because the IHSA is a state actor, and not a private entity like Major League Baseball or the National Football League, the rules and contract are an unconstitutional prior restraint as well as a violation of the equal protection clause of the Illinois State constitution. For more on professional sports organizations limits on coverage, see “News Organizations Fight Limits on Access to Sports Events” on page 14 of this issue of the Silha Bulletin.
- Patrick File, Silha Fellow and Bulletin Editor
 |
 |
 |
Home | About | Events | Bulletin | Resources University of Minnesota | College of Liberal Arts | School of Journalism and Mass CommunicationCopyright © 2003 Silha Center at the University of Minnesota. All rights reserved.
|
