Photographers restricted again.

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Can't they shoot pix for their publictions. It seems htey just want
to stop SELLING of photos.
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Usually, that's fine for staff photographers. If you're a freelancer,
and especially at high school games, you HAVE to have other markets
in mind to make it pay.
Okay, but does the IHSA have (or should they have) an obligation to
allow photographers make it pay.
Of course not. But if they want coverage, they'd better find a way to
make it pay for the people doing the coverage...it might be something
as simple as finding a way to not allow sales to the students and
parents, but allowing sales for use in books and periodical.

That should please the guy shooting the team for money, and those
trying to cover the team while making a buck.
So this is a misguided decision, rather than an illegal or unconstitutional decision. I agree.
I can just about promise if the association, any association, makes
coverage particularly hard or impossible, or makes it difficult or
impossible for those covering it to make a living from it, then those
people will be elsewhere when the events go on.
I'm not sure if that would be worse for the IHSA of the IPA. I'm not from Indiana, but my understanding is the IHSA controls the high school basketball tournament which seems to be a big deal there. The papers might be hurt more than the tournament if the papers stopped covering the basketball tournament.

--
Regards,
Carl
 
The question here is whether the public institution can contract with
Visual Image Photography to get good photos of events in a manner
that prohibts newspapers from selling similiar photographs of these
events. The question is why shouldn't the IHSA be able to make this
contract? What's the harm?
The harm as I see it is mostly the potential for abuse. Schools are a
government institution. Paid for with tax dollars. This means that
taxpayers have a right to full disclosure of any events involving the
school. In the context of this conversation, this means the media has
a right to photograph the event as they see it and to display these
photographs to the public.
Government should be transparent. Citizens (not just taxpayers)
should have the right to know what the govenment is doing. But full
disclosure does not mean you have to let citizens have access to
individual student records. It does not mean you have to let
newspaper photographers into the classrooms during regular classes.
There are always appropriate limits. The question is where is the
line crossed.
I agree.
Consider a situation where media is limited and only the private
company gets the good pictures. Let us say that something "bad"
happens at the event. A situation which might reflect poorly on
either the school or the administrators. This event is captured in
photographs by the private company and the media. The private company
gets very good pictues, while the media gets something less than very
good.

In this situation the administrators can suppress distribution of the
photographs by the private company - the good pictures. All we are
left with is the less than good pictures that the media has.

If you allow this situation with a government school, how long do you
think it will be before other government agencies start such
contractual arrangements?
Sure in your hypothetical situation the line has been crossed. But
that is not what the IHSA is doing as I understand it. They are not
banning press photographers from the field, that would cross the
line. They are banning press photographers that don't agree to limit
use of their photographs to news. Is that crossing the line?

Regards,
Carl
I would define "news" as anything that happened at the event.
Therefore, restrictions are not required. Others may have a different
definition. I think that is the problem.
The definition of news doesn't limit the content of the photo, but rather the use of the photo. My understanding is that photographers that sign the IHSA agreement are not restricted as to what photos they can take. They cannot however sell individual copies of the photographs through the local paper's website.

In other words the exact same photograph is "news" when printed in the paper, but not "news" when sold to the pictured cheerleader's parents.
--
Regards,
Carl
 
Banning the press from a taxpayer funded public and open venue? Hmm.
I can think of some nasty uses for such a precedent.
Don't alter the argument: press coverage and press photography is not the issue at hand.

The photographers were NOT banned! They could cover the event to their hearts' content from the stands. The photographers objected to not being able to PRIVATELY capitalize on a PUBLIC event while shooting from a privileged position not granted to members of the general public. Well, boo-freaking-hoo for those poor, oppressed babies.

Or are you saying, for example, that during the Cold War, a private photographer should have had the "right" to walk onto an Air Force base, openly photograph closeups of prototype aircraft funded by the U.S. public, and then have been free to sell the resulting pictures to Soviet or East German agents?

Some things are worth getting upset about. Somethings are even worth fighting for. This isn't one of those things, nor is it a slippery slope, except for the minority who wear tin-foil hats to "foil" the government's brain-wave monitoring program.
 
I have to ask, "What competing interests?" I don't think it's a
question of "illegal." It WOULD be illegal to ban photography from
the stands, which is why they DON'T ban photography from the stands -
They certainly sound like they would it they could.
I think you're wrong. I think the IHSA could ban photography of the
games if such a rule had some reason behind it and was applied
equally to everyone. Seems to me it would be just like banning
photography in courtrooms. However, no one wants photography banned
from the games - as you say everyone loves it.
No, it would be unConstitutional. It's a completely public event,
totally funded by the tax payer. Clearly they would if the could.
I don't think so. Most court proceedings are completly public events
totally funded by the tax payer and photography is banned in many
courtrooms.
Court rooms are not high school sporting events. Photography is
banned "to further the public interest," meaning that they would
distract attention from the VERY serious things that go on there. How
true this is, is in the process of being worked out.

But I for one can think of NO public interest being served by banning
some photographers and not others.

They can't bar ANY photographers from the stand, because that is the
public venue for viewing an "open" event. They do so from the field
because they can claim that no member of the public is allowed on the
field.
It's not a question of whether or not the schools are a business
(most private schools are not profit making institutions). "Public"
entities must interact with private contractors to get things done.
The question here is whether the public institution can contract with
Visual Image Photography to get good photos of events in a manner
that prohibts newspapers from selling similiar photographs of these
events. The question is why shouldn't the IHSA be able to make this
contract? What's the harm?
The harm (small as it may be) is that parents and kids are reduced to
seeing second rate images in the local press.
But thats not a decision that the IHSA is making. The IHSA is saying that you can have first rate pictures in the local press if the parents and kids can buy them. If the parents and kids want first rate pictures, they must come from the VIP contract photographer. Sure this a burden on the "public." It is a burden I wouldn't want to impose if I was making the decisions in the IHSA. But however bad a decision it may be, I don't see why it is illegal or unconstitutional.
If this is really about the IHSA trying to control the press
coverage, then I do think they should be stopped. But it doesn't
sound like it to me. It sounds to me more like the IPA is picking
this fight to try to establish that newspapers have a constitutional
right to maintain additional revenue streams from their photographs.
I think the IHSA is simply trying to pick up some funding. Not much,
which is why I say "nickel and dime." But I'm sure that they are
raising a little bit here and a little bit there, from other little
tricks. After all funding for schools is going down both on a Federal
and State level, and athletic programs are often the first victim.
I agree. Athough there is also an admittedly weak argument that they
are not simply trying to pick up funding but are also ensuring
photography of the event (which everyone loves) by entering into the
exclusive contract with the private VIP firm.
I don't disapprove of them seeking to raise money - Simply not this
way of doing it.
I am sure the Illinois newpapers feel the same, but does that
dissapproval rise to a constitutional level?
Well, I believe it does. It does because just as in your courtroom or
class room examples, the public interest is being served by not
allowing photographers. I am hard pressed to come up with such an
answer for photographers being prevented from covering sporting
events.
Well if the IPA convinces the court that they are being prevented from covering the events I would think they have a chance at winning the suit. I'm sure they want a ruling that any prior restraint on what they do with their photographs is abrigding free press. But is requiring newpaper photographers to agree to only publish their photograhs in newpapers really preventing them from covering the events?

--
Regards,
Carl
 
Well if the IPA convinces the court that they are being prevented
from covering the events I would think they have a chance at winning
the suit. I'm sure they want a ruling that any prior restraint on
what they do with their photographs is abrigding free press. But is
requiring newpaper photographers to agree to only publish their
photograhs in newpapers really preventing them from covering the
events?

--
Regards,
Carl
I think we can agree to disagree and see what the Courts say. Of course, instead of that, I can always take the more respectable DP review forum attitude and ask you why you hate America? :)

Nice talking to you Carl!

Dave
 
Banning the press from a taxpayer funded public and open venue? Hmm.
I can think of some nasty uses for such a precedent.
Don't alter the argument: press coverage and press photography is
not the issue at hand.

The photographers were NOT banned! They could cover the event to
their hearts' content from the stands. The photographers objected to
not being able to PRIVATELY capitalize on a PUBLIC event while
shooting from a privileged position not granted to members of the
general public. Well, boo-freaking-hoo for those poor, oppressed
babies.

Or are you saying, for example, that during the Cold War, a private
photographer should have had the "right" to walk onto an Air Force
base, openly photograph closeups of prototype aircraft funded by the
U.S. public, and then have been free to sell the resulting pictures
to Soviet or East German agents?

Some things are worth getting upset about. Somethings are even worth
fighting for. This isn't one of those things, nor is it a slippery
slope, except for the minority who wear tin-foil hats to "foil" the
government's brain-wave monitoring program.
And photographers for the NFL merely have to agree to wear Canon Logos...

But the NFL IS a private venue.

Sorry, no, I have NOT changed the argument. You merely can't compehend my point.

Arbitrary rules are arbitrary rules. They can be changed as often as someone comes up with a new one.

But this is NOT a private company. This is a tax payer supported Public Venue, in which the first rule is to benefit the relevant public...

All well and good, as others have pointed out, photographers are banned for the purpose of "Serving the public interest." But there is no "public interest" being served with this rule, anymore than NYC's recent attempt to ban photography on public streeets. That's the precedent at stake here, trivial as the actual case might be.

Dave
 
And photographers for the NFL merely have to agree to wear Canon
Logos...

But the NFL IS a private venue.
Irrelevant to the discussion both public funding of events and rights in a free society...
Sorry, no, I have NOT changed the argument. You merely can't
compehend my point.
No need to get personal: doing so just muddies the water. And you have no point, other than expressing some vague fear regarding arbitrariness of rules.
Arbitrary rules are arbitrary rules. They can be changed as often as
someone comes up with a new one.
The rules were not arbitrary, not simply grabbed out of a hat full of randomly-written rules. I understand you don't LIKE the rule in question, but to others it seems perfectly understandable and acceptable. The logical inference is that the organizing group likely wanted to use any profits from the sale of photos to fund similar future events. From this standpoint, such a rule is both understandable and in the public interest.
But this is NOT a private company. This is a tax payer supported
Public Venue, in which the first rule is to benefit the relevant
public...
The public benefited by being able to view the performance and they were not compelled to attend; the public was also free to take their own photographs from the viewing stands. How allowing for-profit activity by a self-interested subset of the public obeys your "first rule" eludes me.
All well and good, as others have pointed out, photographers are
banned for the purpose of "Serving the public interest." But there is
no "public interest" being served with this rule, anymore than NYC's
recent attempt to ban photography on public streeets. That's the
precedent at stake here, trivial as the actual case might be.
And, again, I point out that neither press nor photographer was prohibited from covering the event in question and the event was open to the general public who were actually encouraged to attend. Your reference to the NYC regulation is thus a complete non sequitur. What you are arguing, though, is that it's perfectly acceptable for public money and facilities to be used to further private interests, in this case, the financial interests of the photographers; furthermore, there was no secrecy, no coercion, no attempt to muzzle a free press. However, to allow members of a certain group exclusive access for private, for-profit activity is tantamount to the creation and public funding of a privileged class, which is indeed contrary to the public interest.

You argument, such as it is, has absolutely no merit.
 
Well if the IPA convinces the court that they are being prevented
from covering the events I would think they have a chance at winning
the suit. I'm sure they want a ruling that any prior restraint on
what they do with their photographs is abrigding free press. But is
requiring newpaper photographers to agree to only publish their
photograhs in newpapers really preventing them from covering the
events?

--
Regards,
Carl
Thanks for cutting my first point. It made no sense - I meant to say if the parents and kids can NOT buy them.
I think we can agree to disagree and see what the Courts say. Of
course, instead of that, I can always take the more respectable DP
review forum attitude and ask you why you hate America? :)
If you instist, I will agree to disagree. But just for now, if this issue is raised again I reserve the right to agree with you in the future.
Nice talking to you Carl!
Nice talking to you too.

--
Regards,
Carl
 
Sorry, no, I have NOT changed the argument. You merely can't
compehend my point.
No need to get personal: doing so just muddies the water. And you
have no point, other than expressing some vague fear regarding
arbitrariness of rules.
Hmm? I do believe you are being the one "getting personal." You seem to believe that making and repeating the statement, "What you are saying has no merit," is in and of itself an argument. Unfortunate style of discussion at best...
(snip)
And, again, I point out that neither press nor photographer was
prohibited from covering the event in question and the event was open
to the general public who were actually encouraged to attend. Your
reference to the NYC regulation is thus a complete non sequitur.
Is it? New York City never claimed to desire the banning of photography. But that would have been the practical effect of their new "rules."
What you are arguing, though, is that it's perfectly acceptable for
public money and facilities to be used to further private interests,
in this case, the financial interests of the photographers;
One can use the same argument for any newsworthy occurance covered by the press in a public venue.
furthermore, there was no secrecy, no coercion, no attempt to muzzle
a free press. However, to allow members of a certain group exclusive
access for private, for-profit activity is tantamount to the creation
and public funding of a privileged class, which is indeed contrary to
the public interest.
They sold the right to an exclusive group for profit making. This group in turn is acting in their Own interests to make back the costs that they pay. In other words a fund raising deal, where the public no longer has any access to the optimum images normally seen in print.
You argument, such as it is, has absolutely no merit.
Hmm? Has no merit? I take it that the public was consulted? That this is a decision welcomed with open arms? That it's not some burocrat imposing his will on everyone else, that the photography from the stands will match the photography from the field?

That in fact the normal coverage that the press does all over the country is somehow exploitative of the public and that this is a refreshing alternative?

NB. The photographers in question had no more "rights" than any other member of the public. In the public interest they were allowed onto the field so that the public could be served by optimum coverage of the events. Such is no longer the case. Unlike the public in the stands, who can do whatever they want with their images, These reporters are somehow different. They are what? Some new class?

Sorry, no, this association knows damn well that they cannot impose these rules on the public in general. If they could, they would.

Dave
 
I do not believe that all photographers should be restricted. I do feel that New York photographers who maintain environmental conditioner units and sell bridges on the side to unsuspecting innocents should not only be restricted but banned from the streets!

Some may disagree with the above.

--
Shoot lots of pictures, always fill the frame
 
Well if the IPA convinces the court that they are being prevented
from covering the events I would think they have a chance at winning
the suit. I'm sure they want a ruling that any prior restraint on
what they do with their photographs is abrigding free press. But is
requiring newpaper photographers to agree to only publish their
photograhs in newpapers really preventing them from covering the
events?

--
Regards,
Carl
Thanks for cutting my first point. It made no sense - I meant to say
if the parents and kids can NOT buy them.
I think we can agree to disagree and see what the Courts say. Of
course, instead of that, I can always take the more respectable DP
review forum attitude and ask you why you hate America? :)
If you instist, I will agree to disagree. But just for now, if this
issue is raised again I reserve the right to agree with you in the
future.
Nice talking to you Carl!
Nice talking to you too.

--
Regards,
Carl
Ahh, some interesting follow up stories...

http://www.nppa.org/news_and_events/news/2007/12/illinois06.html
http://www.rrstar.com/opinions/x1059377402

Just type "Illinois High School Association" into Google. Quite a few hits.

Dave
 
I do not believe that all photographers should be restricted. I do
feel that New York photographers who maintain environmental
conditioner units and sell bridges on the side to unsuspecting
innocents should not only be restricted but banned from the streets!

Some may disagree with the above.

--
Shoot lots of pictures, always fill the frame
The attempt by New York City to restrict my rights to sell the Brooklyn Bridge have been overturned by the Courts. Cost me plenty too...

And how do I establish ownership, without showing my photographs of the Bridge (I ask you rhetorically)?

See what happens if you punch the following into Google: "Illinois High School Association"

Apparently this trivial issue is generating some interest.

Dave
 
See what happens if you punch the following into Google: "Illinois
High School Association"

Apparently this trivial issue is generating some interest.
I have done that, David, and it does appear to be generating some interest. Trivial is, of course, a relative term and I suspect to many who are not photographers the matter is indeed trivial. That does not mean the photographers are wrong.

Many, many years ago I was in a discussion with another hospital CEO about the horrendous problems hospitals faced at that time. (All of which still exist but that is another subject for another time.) Finally the CEO, who was from the South, said, in a thick Southern accent, "But you know, Chips, it is like the great white hunter who said, "It isn't the hippos and the rhinos and the elephants that kill you. It is the damn ant, gnats and chiggers."

A humble opinion but my how much truth it does convey. It is not the major problems that politicians talk about that will bring major changes in our great country but how the American people react to the things that seem minor at the time. The ants,gnats, chiggers and the right to take photos. And to do other things that we should be allowed to do without interference but that seem insignificant to those not being directly impacted.

Sell more bridges, David.

--
Shoot lots of pictures, always fill the frame
 
See what happens if you punch the following into Google: "Illinois
High School Association"

Apparently this trivial issue is generating some interest.
I have done that, David, and it does appear to be generating some
interest. Trivial is, of course, a relative term and I suspect to
many who are not photographers the matter is indeed trivial. That
does not mean the photographers are wrong.

Many, many years ago I was in a discussion with another hospital CEO
about the horrendous problems hospitals faced at that time. (All of
which still exist but that is another subject for another time.)
Finally the CEO, who was from the South, said, in a thick Southern
accent, "But you know, Chips, it is like the great white hunter who
said, "It isn't the hippos and the rhinos and the elephants that kill
you. It is the damn ant, gnats and chiggers."

A humble opinion but my how much truth it does convey. It is not the
major problems that politicians talk about that will bring major
changes in our great country but how the American people react to the
things that seem minor at the time. The ants,gnats, chiggers and the
right to take photos. And to do other things that we should be
allowed to do without interference but that seem insignificant to
those not being directly impacted.

Sell more bridges, David.

--
Shoot lots of pictures, always fill the frame
Sorry, you can't run away from this. I agree with you. Now you're stuck in turn with agreeing with me... :)

You betcha, precedents on minor "trivial" cases have a habit of biting back later on.

Dave
 
ZoetMB, you write quite feelingly on pro stadiums supported by public
money. But that's not part of this discussion, however much merit you
might have in your argument.
This was part of the argument because some other poster brought up the fact that the event was held in a stadium and not a school and therefore it was a "private" event that could be controlled. I felt that might apply if the coaches were not public employees and if the stadium was both private and not supported by tax dollars, but if it was, I feel that the public (and the press) should have as much access as practical.
As to opening for free photography any venue given tax breaks - I
don't think you're going to get very far on this. If Intel gets tax
breaks to site a research facility, you wouldn't want the world free
to wander through taking photos of secret processes. Intel of course
is one possible example, you could choose any of thousands of
companies that actually have tax breaks for facility locations.
Boeing might be another, and it does research on secret government
aircraft.

So that approach wouldn't work and never would be adopted and most
probably the public wouldn't stand for it if it were adopted.
You make some good points, but I think there's one difference - a research lab is not a public facility - a sports stadium is.
However, exclusivity is another matter. Do you want parents prevented
from taking prom photos outside the school's doors? Should friends
and family be prevented from taking photos as the actors in the
senior class play take their bows? Should such third-party photos be
outlawed at football games, Honor Society inductions, swim meets?
Absolutely not. That was certainly not the impression I intended to give.
And, to the point of this discussion, do you want to hinder or
prevent the local newspaper taking good photos of public school
events for the purpose of reporting said events to the public?
No. As I implied, since a public school is supported by tax dollars, there should not be a limitation and especially not for news events.
--
I appreciate this forum.
Say Hey
 
I think that the less people read and believe these sorts of "space-filler" newspaper reports, the less they will happen.

keep making a fuss about them and they will become more common because everytime someone produces a camera at an event a misguided sole will think he or she has to have an opinion about it. Sometimes we dig our own graves.
jules
No comment, just interesting reading.

http://www.dailyherald.com/story/?id=126968&src=1
--
-RW
--
Why can't you blow bubbles with chewing gum?
 
Ahh, some interesting follow up stories...

http://www.nppa.org/news_and_events/news/2007/12/illinois06.html
http://www.rrstar.com/opinions/x1059377402

Just type "Illinois High School Association" into Google. Quite a few
hits.

Dave
The dispute seems to have been resolved generally in the newspaper's favor. That is the newspapers can sell their photographs and the "official photographer" will not get preferential access to the games.
http://www.ihsa.org/announce/2007-08/2008-04-08.htm

I looked back at this issue because this post http://forums.dpreview.com/forums/read.asp?forum=1018&message=27649405 seems to indicate that the NCAA is doing something similiar.

--
Regards,
Carl
 
Police at the University of California, Irvine, confirmed they are
investigating whether a campus police dispatcher had photographed the
high school athletes for gay-oriented sites.
Somebody from the Campus POLICE DEPARTMENT did it?
You've got to be kidding me.
Not the nasty newspaper photographers? The police dept.? LOL.

--
'Now I know what it's like to be high on life.
It isn't as good, but my driving has improved.'
== Nina, on 'Just Shoot Me', 13 Jan 2006.
 
Police at the University of California, Irvine, confirmed they are
investigating whether a campus police dispatcher had photographed the
high school athletes for gay-oriented sites.
Somebody from the Campus POLICE DEPARTMENT did it?
You've got to be kidding me.
Not the nasty newspaper photographers? The police dept.? LOL.

--
'Now I know what it's like to be high on life.
It isn't as good, but my driving has improved.'
== Nina, on 'Just Shoot Me', 13 Jan 2006.
Facts, reality, the topic of this thread have nothing to do with Brent. Brent cannot be proved wrong, after all, he's always right! :)

So, he hops into this thread about a civil dispute between competing institutions - And makes his pronouncement about the Al Qaeda/Porno/liberal conspircy (almost too good to be true). Does he care that his posts are nonsense? Nope. Will he care that the his contribution, irrelevant to the thread as it is, was actually wrong? Not at all. He would simply post another article from a different source about a different incident.... :)

Dave
 
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