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Progress reported in effort to resolve IHSA photo dispute

Posted November 15, 2007 10:00 pm

Chris Dettro

The Illinois Press Association and the Illinois High School Association have reached a "general understanding" over the issue of access by press photographers to IHSA events and the use of photos in newspaper and Web-based news stories.

As a result, the IPA has asked to withdraw its request for a preliminary injunction in a suit it filed against the IHSA earlier this month.

Still at issue are IHSA guidelines about "secondary use" of photos.

The IPA, together with The (Springfield) State Journal-Register and the Northwest Herald of Crystal Lake, sued the IHSA over its rules governing photos taken at IHSA-sanctioned state finals athletic events.

Similar disputes involving access to events and the use of photos are occurring between the press and bodies that govern sports on the high school, college and professional levels in other areas of the country.

The IPA complaint says the IHSA contracts with Visual Image Photography Inc., which is granted "exclusive and unlimited access to IHSA tournament locations and photo opportunities."

The IHSA asks newspaper photographers, in exchange for access to the events, to agree that they will stay only in certain areas and obey guidelines about secondary use of photos, or photos that don't appear in the paper but do appear on a Web site or elsewhere.

Circuit Judge Patrick Kelley suggested that representatives of the IPA and IHSA try to resolve their differences outside a courtroom.

As a result of such a meeting Tuesday, a compromise appears to have been reached on two of the three issues.

"Left unresolved, however, is the issue relating to the 'secondary use' of press photographs," said Dave Bennett, executive director of the IPA.

He said the press association board will consider a proposal by the IHSA to revise its secondary-use policy at its December board meeting.

Bennett said in a letter to Marty Hickman, his counterpart with the IHSA, that it is his understanding that press photographers and photographers from VIP will be treated equally in shooting zones established by the IHSA.

"We understand that VIP photographers will occasionally be given other assignments by IHSA officials (for instance, photos in prepared settings, instructional shots/tape)," Bennett wrote.

He said if issues arise in the future, the IPA will ask its members to bring them to the IPA so they can be addressed "on an administrative level" with the IHSA.

Bennett said there also will be no limitations on newsprint and Web-based news products, including photo galleries posted online in connection with news stories.

He said secondary use, however, is "by far the most troublesome issue of the three."

Bennett said he has been given the IHSA draft proposal.

"I think we need to work on language relating to the community relations work done by newspapers, and to narrow the gap between our positions on what is or is not 'commercial use,' " he said in the letter.

State Journal-Register publisher Sue Schmitt said earlier that selling photographs to players, families and schools is viewed more as a public service, with the costs of covering the team far exceeding the income it generates.

Springfield attorney Don Craven, who represents the IPA, said the suit won't proceed until the IPA files an amended complaint sometime within the next 30 days. The IHSA would have another 30 days to answer.

"We made great progress with the IHSA … and have a concrete proposal to submit to the IPA board at the December meeting," he said. "It is our hope that we find a solution to this dispute outside of the judicial process."

Chris Dettro can be reached at (217) 788-1510 or chris.dettro@sj-r.com.

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