 The following is a press release regarding a lawsuit filed by the IPA against the IHSA. All IPA member newspapers are a party to this lawsuit and have a vested interest in its outcome.
For more information, contact
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, government relations director for the IPA, at 217-241-1300.
SPRINGFIELD – The Illinois Press Association filed a lawsuit against the Illinois High School Association in an effort to overturn a rule that limits access to school sporting events and the use of photos taken at those events.
According to the lawsuit, the IHSA has contracted with Visual Image Photography Inc. for “exclusive and unlimited access to IHSA tournament locations and photo opportunities.” 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.
“We have voiced our opposition to the IHSA,” said David L. Bennett, executive director of the IPA, “but they have declined to accommodate the press in a free and fair manner. We can no longer sit on the bench on this.”
The IPA is seeking a temporary restraining order against the implementation of the IHSA rules as well as other relief.
The Northwest Herald in Crystal Lake and The State Journal-Register in Springfield joined the IPA in the lawsuit.
Sue Schmitt, publisher of The State Journal-Register, noted that her staff frequently uses photos not published in the newspaper on the SJ-R’s Web site and makes photos available to the public.
“Newspapers inform readers in many ways, not just print on paper,” Schmitt said. “The State Journal-Register has been a pioneer in the use of online photo galleries and multimedia presentations, all to better serve our readers. Our readers want copies of these photos and presentations because they want to hold onto the memory of their sons, their daughters, nieces, nephews, grandchildren, friends or teammates in action. The idea that access could be denied to our photographers if we refuse to seek the sanction of a quasi-governmental body to use our own work is unacceptable.”
The IHSA rules limit Internet broadcast of games to “regularly scheduled” newscasts not to exceed 30 seconds per clip nor 2 minutes of total game time within any 1-hour period without the consent of the IHSA. Highlights cannot be used for any purpose two days following the event.
Photos published in the traditional newspaper apparently are not subject to restriction. Photographers typically shoot dozens of photos and use only one or two in the newspaper. All the unused photos are subject to IHSA control, according to the terms of the media pass agreement for state tournaments.
According to the lawsuit, use of the photos are considered “secondary use” which IHSA Executive Director Martin Hickman has said is any use other than in a traditional newspaper story.
Such requirements amount to prior restraint of the media’s free press rights, the lawsuit claims.
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,” Bennett said. “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 commercial interest in school sports is small for individual newspapers,” Schmitt said. “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.”
While membership in the IHSA is voluntary, public schools provide 85 percent of its membership. The IPA asserts in its lawsuit that “the overwhelming public character of IHSA membership is sufficient to confer state action for the application of constitutional protections of a free press and equal protection.”
The IPA is represented by Springfield attorney Don Craven. A hearing on the lawsuit is set for 1:30 p.m. on Nov. 5 in Sangamon County Circuit Court with Judge Patrick Kelley.
The Illinois Press Association is the largest state newspaper association in the United States with more than 600 daily and weekly newspaper members. It is located in Springfield.
 Complaint.pdf
Memorandum of law in support.pdf
Motion for temporary restraining order.pdf
Notice of hearing.pdf
Comments From the Public
The Pantagraph, Bloomington
Stop the Greed wrote on Nov 2, 2007 10:42 PM: "A few months ago the international body that oversees professional Rubgy tried the same thing with news outlets covering the tournaments. All of the major news outlets boycotted. It took less than a day for people to realize that without the media coverage interest in the event would dwindle an people wouldn't come. The media coverage of sports is free advertising that generates interest in people to go to the games. When will the governing bodies realize that the pittance they can earn from controlling all of the print sales pales by comparison to the cost of advertising when no one prints news about a game. I applaud the IPA for taking a stand against monopoly and such greedy rights grabing. I hope the news media has the intestinal fortitude to stand up to them and boycott coverage if necessary. If this type of activity isn't stopped, then the only information you'll hear about any team, pro, college, highschool, or grade school will be controlled by a few who aren't likely to use their monopoly power for anything other than their own greed. "
It is sad wrote on Nov 2, 2007 10:29 PM: "Reading all the complains. Ok people, boycott the IHSA. Who would govern the school sports? Would the schools obey rules? Would there be state finals? I would say, "No." And who would you blame if your son or daughter was not covered? IHSA has someone there to cover every team. A newspaper from Bloomington could care less about a team from Chicago. And what chaos would there be if a number of parents are taking flash photos of Johnny and Joe while the others are taking photos of Charlie and Bill? Are you going to have 20 people at court side of a volleyball game with cameras? Why can't people think? If you really don't like the rules and think your kids are exploited, don't have them play sports. Keep them in the house until they turn 18. "
To Hey Morons wrote on Nov 2, 2007 2:02 PM: " Why not? The IHSA does not own the rights to my child. They are a bunch of overbearing, money hungry suits. "
IHSA IS AWFUL wrote on Nov 2, 2007 1:21 PM: "why can the IHSA profit off young athletes? they should only be able to collect money to pay officials. this shouldn't be a business for them. they're profiting off the athletic abilities and hard work of the young athletes of illinois. This is rediculous. "
See Big Ten Network... wrote on Nov 2, 2007 12:58 PM: " Free the Media! "
Hey morons! wrote on Nov 2, 2007 12:09 PM: "They (reporters )can still take the picture and put it in the paper...they just can't sell the photo or use it for other purposes. "
NCHS parent wrote on Nov 2, 2007 11:06 AM: " is someone at VIP related to someone at IHSA that they got the deal? how are they affiliated? This is more than a little out of hand. At the IHSA Softball Championship game with NCHS, parents weren't initially allowed on the field to take pictures of their own kids. There were 'guards' that were blocking us. This is only high school - IHSA - be an organization that supports the athletes AND their families instead of trying to milk them. How much money do you need, anyway?! "
Reality wrote on Nov 2, 2007 10:25 AM: " I wonder how parents will feel when the price of a ticket jumps to $20 each. The money has to come from somewhere. Maybe I can just show up with a vending truck and undercut the food vendors too. What are all of you going to do when you get to NCAA / Pro leagues? The rules are SO much more restrictive at the higher levels. "
free reign wrote on Nov 2, 2007 9:34 AM: " I understand the newspapers' position; but isn't this also what the writers' strike is about in Hollywood? Just how much control and access and perpetual use of images or content should newspapers or any other entity have? Ownership and online applications of images or content - whether it's high school sports, TV episodes, or online music - will continue to generate a lot of litigation. Maybe the newspaper should ask its own editorial staff what they think about control over their bylines and online application of their efforts before it blames others for hoarding control and access. "
Bizarre wrote on Nov 2, 2007 9:16 AM: " I woudl think the IHSA would be promoting press, promoting internet usage, promoting clips of highlights, promoting the schools and the kids to grow the system... limiting access and image rights may put money in their pockets now but will only hurt the entire system in the long run. Unless I am missing something, this seems fairly obvious. "
IHSA wrote on Nov 1, 2007 9:59 PM: " The IHSA has gone from a great organization to a "we want all the money we can get" organization. They now are using high school sports as a way to pad their pockets. The organization is a complete joke and they think they are Sports Gods. "
Commodore wrote on Nov 2, 2007 8:54 AM: " That's typical of the IHSA...they've sold out and will not answer the little guy. No wonder why efforts to reach Marty Hickman were unsuccessful...he's gotten too big for his own britches. Makes you wonder if they really care about the schools and kids they are entrusted to serve. "
to marty h. wrote on Nov 2, 2007 8:43 AM: " What's next...are you going to eliminate parents taping their own kids games? "
control wrote on Nov 2, 2007 8:40 AM: " One problem is the IHSA isn't governed by a board. IHSA's director makes all the decisions. Committees make recommendations but the director has the final say in everything. That's way too much control for one person. "
Just me wrote on Nov 2, 2007 8:27 AM: " This is not right. Even entities like the IHSA should know the importance of having press present. If only designated photographers can take pictures, then how would they be able to have enough to cover all the other games that aren't high priority or in the smaller rural schools. Or better yet, where do the school yearbook photographers fit into this? I know that they're "press" as well. "
Agreed wrote on Nov 2, 2007 7:56 AM: " I can tell you that it was awesome to see my picture in the pantagraph. Those are some of the best scrapbook/wall hangings I have to this day. "
THANK YOU IPA wrote on Nov 2, 2007 6:58 AM: " The IHSA is out of control and needs to be stopped. VIP photography has been used to photograph my children and sell their pictures on the internet without MY permission - they have been doing this for years and the IHSA needs to put a stop to this practice. IHSA - go back to being about the kids and education; not making money!! "
IHSA, NCAA wrote on Nov 2, 2007 6:54 AM: " Schools need to quit handing them all the power. They don't own the players, they don't own the venues, they just want the dollars. If a few schools would say they don't wish to participate maybe they would get the idea. "
Northwest Herald, Crystal Lake
littleblitz85 wrote on Nov 2, 2007 4:38 AM: " What I just read is a shame. This is not professional sports. What about a parent that can't get to a game because of work, or something like that. I know when my children played HS sports, I as a perent was thrilled to see local news groups take the time to share with their readers the good things that come from these events. Thsi should be about comitment to our children, not about favoritism. "
curiousone wrote on Nov 2, 2007 9:04 AM: " I am wondering if the IHSA intends to share the profits with the school districts and even the athletes? I agree with littleblitz, this should be about glorifying students achievement, not about making an easy buck. Save that for college athletics! "
silence wrote on Nov 2, 2007 9:22 AM: " note to IHSA officials: if you're big accomplishment in life is that you found a way to keep parents of high schoolers from enjoying the legacy of their children, you really haven't done much of anything. having said that, congratulations to the fool who found a way to screw up a high school football game. you must be so proud. "
guest wrote on Nov 2, 2007 10:04 AM: " Ah yes, PROFITS. Is this legal? Reminds me of exclusive contracts with school photographers in exchange for "donations" to the school. Or, how about the uniform companies which sell monogrammed (is there really a need for the monogram?) polo shirts for $35, while these same type shirts, but better quality, can be purchased at Kohl's for $12-15 each. $9.95 during the Back-to-School sales. Class rings, is there a connection there too? "
SmilinJack wrote on Nov 2, 2007 11:30 AM: " It's all about the "almighty buck" for the schools to line their Sports Coffers. "
The State Journal-Register, Springfield
Bullets Fan wrote at 11/2/2007 8:24:24 AM: I've seen first hand the coverage that Visual Image Photography, Inc provides. Last year our team went to state is soccer, after all was said and done I was anxious to see photos taken by Visual Image and posted on the ISHA web site for sale. I was both disappointed and elated by what I saw, I was disappointed in the quality of product produced for sale by a “professional” sports photographer and elated that pictures I took from the stands looked just as good if not better than that of the “professional”.
Dan Eidsmoe wrote at 11/2/2007 8:59:40 AM: What impact would this law have on members of the public such as family members who want to take photos of their children playing in these sports? Many people now own "professional" level photo equipment. Would they be forced to leave their cameras at home? I agree with the Illinois Press Association's lawsuit.
concerned parent wrote at 11/2/2007 9:04:38 AM: As a parent I am appalled at the greed of IHSA. They seek to profit off of high school student athletes. Way to go...take them down.
Get over it wrote at 11/2/2007 9:32:32 AM: The NFL, MLB, NCAA, all have restrictions in place to cover situations. The IHSA Sponsors the tournament and can make whatever rules it wants. If you don't want to abide by them, don't go
to get over it wrote at 11/2/2007 10:40:03 AM: Well if they don't go, we'll have even less local sports coverage than we already do. Then the entire sport section can be from the wire services instead of just three quarters of it.
get over it, you're wrong wrote at 11/2/2007 10:54:03 AM: you are correct that the professional leagues have restrictions, but that is because they own the naming rights to the teams, logos, and players. the ISHA is a governing body that owns nobody's school name, logos, or teams. they have the right to own possession of certain materials for the postseason, but they do not OWN the postseason. who hosts the first rounds through the semi-finals? the schools do. i agree with the IPA, this is not a professional league and newspapers should be able to have full coverage for their local teams in order to report the news back to the community.
Ralph wrote at 11/2/2007 10:57:32 AM: The IHSA is NOT the NFL, MLB or the NCAA. I guess what Get Over It is saying is that anytime a quasi-governmental organization wants to restrict First Amendment rights in our Public Schools that we should just look the other way and Get Over It?? You can give up your rights if you want to, but don't speak for me.
Get over it - SO WRONG wrote at 11/2/2007 11:08:31 AM: They are public schools and my money goes to them. They do not have the right to those photos. Way to go Newspapers and the IPA - IHSA is in the wrong.
Not going to get over it. wrote at 11/2/2007 2:22:25 PM: High school are funded through tax dollars. They are public entities. While the IHSA coordinates and manage competitions, they do NOT have the right to restrict media coverage. It's just one more example of the corruption of government. Since when are school children for sale? This is not NASCAR. These are events involving institutions that receive tax money---my money. I am far more interested in reading about my kids and their school in the local newspaper. I don't care what sweetheart deal IHSA is trying to get. This is not suppose to be about them. They do not have a single good reason to do this. Except of course, the almighty dollar. It hurts kids, schools, parents and communities. It's IHSA that needs to get over it.
I agree wrote at 11/2/2007 3:02:56 PM: The parent of the athletes are in the same boat. We can take stills but not video of cheerleading cometitions. ICCA has the same rule which I find uncalled for. If a parent videos there daughter cheer squad during their routine, what harm is it? The problem is that the "governing body" has contracted with a private firm that wants you to buy their video.
I AGREE wrote at 11/2/2007 3:14:45 PM: I agree with the IPA and while they want to make changes. find some referees that can keep up with the movement of the ball. and I am sure there is a few out there that agree.
iowa sports editor wrote at 11/2/2007 4:30:40 PM: I am a sports editor at a small Iowa newspaper and cannot tell you how pleased I am to see the IPA doing this. I hope the INA (Iowa Newspaper Association) is watching, because the IHSAA and IGHSAU (Iowa is the only state with TWO goverining bodies, one boys and one girls) also contracts with VIP. What is happening in Illinois is starting to seep over here and I hope the court slams the IHSA, thereby sending a message to the greedy hounds in Iowa.
photo mom wrote at 11/2/2007 5:57:32 PM: Last year at the state football finals I was told I couldn't bring my camera in because I had a zoom lens on it. I finally persuaded the woman at the gate that I was there to photograph my son from the stands and that I would not profit from the photos. I think every parent should have that right as should the papers who covered the teams through the year.
taxes, schmaxes wrote at 11/2/2007 8:05:40 PM: Just because a public school is supported by local tax dollars does NOT mean you have rights against a PRIVATE entity such as IHSA. That's right, private. If you don't like the way they do their business, then complain to your principals and school boards who DECIDED to enroll in that private entity's state series. Its all a matter of choices. Yes, I admit they have the only game in town, but IPA has no rights, nor do schools or parents in complaining about a private business. Shop elsewhere and stop complaining. BTW, its only sports, right? Last time I checked IHSA doesn't have a state championship series for best educated.
cmabuilder wrote at 11/2/2007 8:48:44 PM: AS A FATHER I WAS THREATNED BY AN ISHA OFFICAL ABOUT TAKING PICTURES OF MY DAUGHTER AFTER HER TEAMS WIN OF STATE VOLLYBALL CHAMPIONSHIP. THIS PERSON SAID IF DID NOT STOP HE WOULD CALL SECURITY A URGED HIM TO CALL THEM AND LET HIM KNOW THAT I WAS AN ISP OFFICER AND HIS SECURITY COULD NOT TOUCH ME HE BACKED OFF HE ALSO LET THE OTHER PARENTS TAKE PICTURES ALSO THE IHSA NEEDS TO GET THEIR HANDS SLAPPED REAL GOOD! THEY NEED TO HAVE A GOOD OLD SUIT FILED AGAINEST THEM FOR EXPLOITING THE HIGH SCHOOL PLAYERS!!!
tex free-lance wrote at 11/2/2007 9:42:38 PM: The schools in Texas are still allowed up to one reporter and one photographer at UIL events in Texas, but try being a person who works for a small paper as a correspondent and getting access. Nope. The folks the UIL hires get the best opportunities for the book of Champions they sell. Sounds like this is a problem in several States. I hope the IPA wins.
To: ISP wrote at 11/2/2007 10:05:17 PM: You have no right to use your position in such a manner.....you were off duty and thus you have to follow the same rules everyone else does. Until a court of law rules on this matter, you have an obligation to DO WHAT YOUR TOLD TO DO WHILE AT A SPORTING EVENT. YOU ARE THE PERFECT EXAMPLE OF WHY PEOPLE HATE THE ISP SO MUCH.....YOU MISUSE YOU AUTHORITY, JUST LIKE A FEW ON THE SPD.
People wrote at 11/2/2007 10:07:35 PM: I doubt a single parent out there is walking into a sporting event with "professional grade" equipment. Do you know what an L series lens (Canon professional grade) costs? More than two months of your house payment. Whether you like it or not, those are the rules and just because the IPA files a lawsuit does not mean you will have the right to take a camera in the stadium or gym....they operate on a PRESS PASS basis....
As a professional photographer wrote at 11/2/2007 10:14:43 PM: I have mixed feelings on this. I have invested heavily in both my equipment and ability and if the IHSA contracts me to take photos I have a right to exclusivity of that event....it is a requirement that I will not budge on. Now, before many of you get your shorts in a wad, I am talking about other professionals showing up to the event and taking pictures.....as for parents taking photos in the stands? Go ahead.....I have no problem with that, provided you do not interfere with my ability to earn a living. I would disagree with Dan Eidsmoe regarding the "professional level" equipment. Even a 40D Canon camera is not professional grade, if you want professional grade you are going to spend upwards of four to five grand for the camera and a 70-200 L 2.8 Zoom with IS will run you over two grand for the lens.
To Professional Photographer wrote at 11/3/2007 8:07:27 AM: $2,000 for a 70-200mm 2.8 lens? Who are you kidding? If it's Canon, the cost is $1,200 at the most for that lens (I know; I own one of them and several other lenses & bodies as well). As for earning a living, if sports interest you and you're talented enough to be a professional, go get access and shoot college or pro sports. At the junior high and high school level, these are KIDS and athletics is for and about these KIDS. It's not about the self-important officials of the IHSA or photographers who "want to earn a living." Contract or not, can you ensure for these KIDS that you'll have an image of each of them who played in a game when that game is over? For most kids, their varsity career is over when they graduate from high school. Good luck IPA.
to taxes, schmaxes wrote at 11/3/2007 9:07:06 AM: You said it better than I could...but you missed the point. Public bodies entering into contractual agreements with private companies is my business. Public schools don't have money----they are using mine, the taxpayer. This isn't just about sports pictures. This is about open government. You don't get it if you think high schools aren't pressured into the contracts. Futhermore, these are contracts with you the taxpayer. Rememer--government minus taxpayers=no money. Also, you might want to check what activities IHSA is handling. It's not only sports.
taxes, schmaxes wrote at 11/4/2007 6:45:32 AM: Pressured Contracts? High schools don't HAVE to "contract" with the IHSA state series, they elect to. No, these contracts are not with me the taxpayer, as I have no say in whether nor not my public school decides to partcicipate. Schools don't ask us-we have no say. I am fully aware of the activities IHSA sponsors i.e. chess, music, speech, etc.but their focus certainly is athletics, sadly.
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