Fight over photos a growing trend

When Driscoll Catholic High School in Addison was putting the finishing touches on its seventh consecutive state high school football championship, the photographer assigned to cover the action for his hometown paper wasn't on the field.

Relegated to the stands, Daily Herald photographer Ed Lee -- along with those from four other Illinois newspapers -- was banned by the Illinois High School Association because of an ongoing fight with the state press association over rights to sell photographs from high school championships.

"It was an outrage," said Editor John Lampinen. "We have covered prep sports in the suburbs for decades, been there week after week, and then, at the state championships, with no warning, not even a courtesy phone call, the IHSA blocked our photographer from the field. It was uncalled for and unfair, and beyond that, it lacked class."

The months-long feud, echoing similar disputes across the country, is pitting publishers pushing for a free press against athletic officials who claim newspapers with falling revenues are trying to profit off athletes.

The Illinois stalemate escalated earlier this month when the Illinois Press Association filed a lawsuit over the IHSA's media policies, which include a provision aimed at preventing newspapers from selling state championship pictures taken by staff photographers.

"Our intention is to enforce our media policy and to protect our rights," said Marty Hickman, IHSA's executive director. "Whether it means denying credentials or it means litigation, those options are out there."

At issue is a seven-year-old contract between the state athletic association and Visual Image Photography Inc. that grants the commercial photographer exclusive rights to state championship photos.

In exchange for the right to sell action shots of athletes to a hungry audience of parents, boosters and relatives, IHSA receives a virtually limitless library of images from the Cedarburg, Wis., company for its own promotional material.

IHSA, which values the deal at tens of thousands of dollars, in turn prohibits credentialed media from selling their own pictures from championship events.

Negotiations this fall managed to reach a small accord, allowing newspaper and commercial photographers equal access to athletes and allowing newspapers to create online photo galleries of events.

But both sides remain entrenched on the ban of photo sales, which newspapers argue is unfair and interferes with their ability to cover legitimate news.

"I see this as the IHSA sticking its nose into something it shouldn't be sticking its nose in to," said Don Craven, a lawyer that represents the Illinois Press Association. "Why is it the role of an association of primarily public schools to make money for a photographer?"

Athletic officials said they had no choice but to ban photographers last weekend because of the lawsuit, which remains on hold, though the press association said it's unsure why some papers were targeted and others that continue to sell pictures were excluded.

"From our point of view, we have the right to have an agreement with a commercial photographer," Hickman said. "And what the newspapers are doing is entering into the commercial photography business. Selling a picture doesn't seem to me to have anything to do with a news story."

Across the country, similar disputes over photography rights are leading to contentious relationships between press associations and athletic groups in at least four other states.

In February, news photographers walked out of Louisiana's girl's basketball championships over the issue.

"We're stalemated like a lot of other states," said Mitch Small, marketing director for the Louisiana High School Athletic Association. "We're all kind of in the same boat."

In Wisconsin, athletic authorities tried to stop papers from selling the photographs but haven't taken any action -- legal or otherwise -- to stop sales after the press association balked.

"We haven't taken any credentials or anything like that," said Todd Clark, director of communication for the Wisconsin Interscholastic Athletic Association. "We feel it's better to do things professionally than get both sides in a war."

Meanwhile, experts say similar confrontations could be more likely as the Internet and advances in digital photography increase the ease of capturing and selling pictures.

VIP, which will package its pictures into commemorative posters, plaques and even trading cards, said its action shots are more popular than ever. It has exclusive photography agreements with five Midwestern states.

"People are expecting these," said owner Tom Hayes. "If our profitability is eroded by all these other Web sites where people are selling similar images to ours, then that will damage our relationship."

The youth sports photo market grew about 19 percent annually from 2004 to 2006 and is on track to reach $305 million in 2007, according the industry group PMA, formerly Photo Marketing Association International.

Coverage of big-name sports like football, basketball and baseball often have the most appeal -- and profit. And commercial companies said sales of those images help offset their cost of covering state finals in less popular events such as chess and debate.

"The more expensive the uniform, the bigger the market for photography," said Gary Pageau, publisher of the PMA.

Despite the industry's growth, officials said newspapers make little profit on the images they sell.

"The newspapers that I've talked to don't make enough selling photos to stock the camera bag," Craven said. "It is not an independent revenue stream."

The Illinois Press Association's board is set to meet next week and will decide whether to revive its litigation.

Meanwhile, newspapers are bracing for the possibility of a similar photography showdown during the massive basketball finals in March.

"I've been here 26 years and for 26 years we have taken news photos, we've published news photos and we've sold news photos," said Jack Brimeyer, managing editor of the Peoria Journal Star. "I do not understand the point of the IHSA and what they think they are gaining for themselves or especially for the student athletes."