WIAA sues Gannett, Wisconsin Newspaper Association

Here's a Milwaukee Journal Sentinel story on the topic from 2007:

BYLINE: ART KABELOWSKY, Staff, Milwaukee Journal Sentinel

Stevens Point - Relax, Aunt Betty and Grandpa Joe.

It's no longer against the rules to contact the local newspaper and buy a special print of that nice photo of your nephew or grandson, taken while he was competing in a WIAA high school tournament event.

Wait. Actually, it's still against the rules. At least for now, though, the WIAA is officially looking the other way.

On Thursday, the WIAA held a first-of-its-kind Media Day - a summit meeting, of sorts, meant to quell growing dissonance between the grassroots media and the governing body of state high school athletics. Perhaps as a peace offering, WIAA executive director Douglas Chickering opened the session by throwing in the white towel on the most contentious issue between his group and the state media.

For the time being, at least, the WIAA is going to allow newspapers to sell all the photos it takes at WIAA events - even though the WIAA's media policies reference guide states that those photos are "strictly restricted to editorial and non-commercial uses" without written consent of the WIAA.

"This is not going to be an issue with us, for the time being," Chickering said. "If you feel you want to sell (photos) . . . and (readers) are willing to pay the price, go to it. We're not an obstacle to that for the time being. We aren't looking for ill will."

But Chickering also said the language of the rule was going to remain on the books. "As we look to the future . . . if there's a federal court ruling in Iowa or Louisiana or somewhere, we might take another look at it."

The controversial policy was created last year when the WIAA entered into an agreement with Visual Image Photography to serve as the official photographer at WIAA state tournaments. According to the agreement, Visual Image Photography was granted the sole right to sell prints of images it takes at state tournament events - taking a small source of revenue and a large source of reader goodwill away from newspapers, which had been the sole provider of that service for decades.

The WIAA said newspapers that ignored the resale rule ran the risk of having their credentials denied for future tournaments. The Wisconsin Newspaper Association stepped into the fray, and clarifications were agreed upon: Photos that were actually published in print could be sold, and papers could buy rights to sell their photos from regional and sectional events for $100 per season. Still, many newspapers decided to ignore the rules, all but inviting a court test of the WIAA's power until Chickering turned down the heat on Thursday.

 

That sentence cracked me up for some reason.

To the topic at hand, I'm on Appleton's side here, but when the WIAA and Gannett Wisconsin go head-to-head in court, there really is no winner. Two organizations that deserve each other.

 

It's not just Gannett, the WNA (which represents 200+ papers, I believe) has been added as a defendant by the WIAA as well. Hopefully that tips the scales for you.

 

This is the whole property rights issue again. I'd guess the WIAA believes their state playoff games are totally in their control, from determining who gets in to who hosts to how the games can be broadcast and what rights fee, if any, should be paid. It's hard to argue with that.

 

Except this is more about broadcasting - it is about game coverage in the "new media" such as live blogs. And again, these are public institutions (for the most part). Do you think the people who pay taxes for their kids to go to these schools want limited access? What gives the WIAA (or any public institution - hint: universities) that right? I'm no lawyer, so I don't have the answer. But I think it is a battle worth fighting.

 

Hate to play the bad guy here, but just because the public pays for something doesn't mean the public has unfettered use of it. You can't arbitrarily hold your garden club meeting at the high school, even though you paid for it or hold your youth baseball practice in the new Yankee Stadium, even though tax dollars paid for it... and so on.

Taking a camera into a game and filming it and broadcasting that film is injurious to the schools and the WIAA... you are costing them revenue from their broadcast rights. This is not an issue about reporting from an event, or even live blogging (providing live play-by-play)... this is about broadcasting and I can't see where the newspaper association or Gannett have a chance of winning this one.

 

I'm just surprised Gannett even went ahead with the concept of broadcasting a game on a web site.

That's too forward-thinking for that company.

 

Actually it is about that. This is more than the webcast (which I agree is treading the line a bit much there).

"The WIAA is asking a Portage County judge to rule that the organization has the right to "control the transmission, Internet stream, photo, image, film, videotape, audiotape, writing, drawing or other depiction or description" of high school games."

The WIAA wants control of EVERYTHING. Not just webcasts.

 

Have you seen the stock numbers for Gannett? Won't be long before the WIAA doesn't have to worry any more...

 

Perhaps, we should stop covering it. Flat out, no one goes and writes on the championship game if they try to control any content.

Just write a short news brief on the result and perhaps a coaches quote off the phone. I am for not covering the playoffs if it came to it. These high school associations are foolish.

Do they realize that in this climate any resistance to coverage will be greeted by NO coverage as a cost cutting measure?

 

I felt that way all last week at my state's tournament...

 

If you want to cut off your nose to spite your face, feel free. The readers won't be taking their pitchforks, lighted torches and subscription cancellations to the WIAA's doorstep.