December 5, 2007
In an effort to bring definitive resolution to a dispute over the sale of photographs of IHSA events, the IHSA has filed a counterclaim against several Illinois newspapers asking the court to stop the newspapers’ practice of selling photographs taken at IHSA State Championship events. The countersuit, filed in Springfield, is in response to the lawsuit filed earlier against the IHSA by the Illinois Press Association and two of its member newspapers.
Several Illinois newspapers are in violation of a long-standing IHSA policy that prohibits the sale of photographs taken at IHSA-sponsored events. The media is allowed entry into IHSA events under a Media Pass, conditioned on the agreement to abide by IHSA policies, including the agreement not to sell photographs taken at the events. The newspapers named in the counterclaim advertised photographs of IHSA events for sale on their Web sites and elsewhere. All had been asked to cease the practice of advertising and selling IHSA State Championship photos, but refused to do so. The counterclaim also requests damages arising from the violations.
The IHSA has no objection to a broad range of traditional uses for newspaper photographs such as publishing them in newspapers and the more recent practice of posting them in newspapers’ online photo galleries. However, the IHSA policy is explicit in prohibiting their sale. The policy is similar to policies enacted by the Big Ten Conference, the University of Illinois, Illinois State University and many others. “We are in no way interfering with any newspaper’s ability to report the news,” explained Executive Director Marty Hickman. “You don’t need to sell a photo in order to report the news, nor does selling the photo enhance the news.”
The IHSA has an agreement with VIP Photography granting VIP exclusive rights to sell photographs of IHSA State Championship events. In exchange, VIP provides thousands of photographs to the IHSA free of charge each year.
In early August, IHSA Executive Director Marty Hickman met with the leadership of the Illinois Press Association and its attorney and asked the Illinois Press Association to enumerate its concerns in writing so that IHSA could deal with them formally. The Illinois Press Association did not send such a list; instead, it chose to file the lawsuit against the Illinois High School Association. In November, a judge denied the Illinois Press Association’s request for a temporary restraining order, which would have allowed the sales, and urged the two sides to continue their negotiations. The Illinois Press Association then withdrew its request for a preliminary injunction, but its members continued to sell the photos.
Because the press association has shown no interest in continuing to discuss this issue, and the newspapers have continued their practice of selling photos from IHSA State Championship events, IHSA was compelled to file its own claim.
“We believe that the law allows the IHSA to have a contract with VIP granting them the exclusive rights to sell IHSA State Championship photos. Certain newspapers are intentionally interfering with that contract and taking advantage of the access we give them to our events,” stated IHSA Executive Director Marty Hickman.