Lawsuit filed over use of photos from prep sporting events
The Illinois Press Association on Thursday filed a lawsuit against the Illinois High School Association in an effort to overturn an IHSA policy that limits access to school sporting events and the use of photographs 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, the lawsuit says, 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.
The IPA is seeking a temporary restraining order against the implementation of the IHSA rules as well as other relief. The Daily Herald also is a member of the IPA and Doug Ray, Publisher and CEO of the Daily Herald, is a member of the IPA's board of directors.
Marty Hickman, Executive Director of the IHSA, expressed disappointment over the lawsuit when contacted by the Daily Herald on Thursday.
"I haven't seen (the lawsuit), so I can't say a lot about it," Hickman said. "I met with the IPA and their attorney on Aug. 9 and they committed to follow up with me with a letter of their concerns and that we'd continue dialog on this issue, and I haven't heard from them since that day.
"It's really unfortunate because we had some discussions on this issue and then 6-8 weeks later we get a lawsuit. That's the disappointing part."
Don Craven, attorney for the plaintiffs, said Thursday the IPA board decided to file litigation in the matter after the IHSA's News Media Advisory Committee met in September and reported the IHSA appeared to be unwilling to negotiate any changes in the current policy.
"We learned there were cease-and-desist letters going out to some Web site operators, and it became apparent that the IHSA and the IPA are going to disagree on this issue," Craven said. "The IPA board directed that we go to litigation."
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 Hickman has said is any use other than in a traditional newspaper story.
A hearing on the lawsuit is set for 1:30 p.m. Monday 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.