WISCONSIN — Spurred by a local newspaper's unauthorized
Web streaming of a high school football game, the organization that oversees
high school athletics in Wisconsin is suing for the right to control all media
produced at sports events for commercial use.
The Wisconsin Interscholastic Athletic Association is seeking a legal
declaration that it has ownership rights over "any transmission, internet
stream, photo, image, film, videotape, audiotape, writing, drawing or other
depiction" of athletic events it organizes. The WIAA is also seeking a
declaration that it has the right to grant exclusive contracts for this
coverage.
The broad language of the claim — Wisconsin Newspaper Association
Executive Director Peter Fox said he's calling it an
"incomprehensible overreach" — inspired a barrage of newspaper
editorials across the state claiming the WIAA's stance would stifle news
coverage of high school sports.
"Essentially what the WIAA is suggesting is that beyond the words and
the photos that newspapers put on newsprint and deliver to people's front
porches, newspapers can't report on high school sports," Fox
said.
Russ Golla, an attorney in the firm representing the athletic association,
said the
lawsuit is necessary to stay in compliance with contracts designed to
increase media coverage. A few years ago, the WIAA sought out media outlets that
would agree to broadcast a wide range of high school sports events —
including sports traditionally less highly publicized, such as track and field
or swimming — in exchange for exclusive rights, Golla said.
The lawsuit stems from a Nov. 8, 2008, football game between Stevens Point
Senior High School and Appleton North High School in Stevens Point, Wisc., which
was live-streamed on the Web site of the Appleton Post-Crescent. Golla
said that if the WIAA allowed the newspaper to live-stream tournament games,
"we would be in violation of the contracts that we have with people who
stepped up to the plate and said they would do this."
Under the WIAA's
media policy, news organizations are not allowed to
broadcast live or show delayed coverage of an entire athletic contest. For
example, videotaping the whole game is fine as long as the news organization
only shows clips, Golla said. News organizations can pay fees for the right to
broadcast.
Dan Flannery, executive editor of the Post-Crescent, said the
newspaper does not believe the WIAA should be able to dictate its
coverage.
"We believe we should be able to cover news in whatever form,
whatever technology is available to us," he said.
Flannery said the timing of the lawsuit was surprising because they met
with WIAA officials and their legal counsel on Dec. 18 to see if the two groups
could reach a compromise, and the newspaper was not told the lawsuit had already
been filed Dec. 5. The claim itself is alarming, he said, because it does not
specifically list newer technologies, but even includes
"writing."
Golla said the "writing" part is aimed at live-blogging or
other written play-by-play updates. He said the association would have to check
its contracts to see whether the WIAA could allow limited blogging like the
National Collegiate Athletic Association permits at college sports events.
Fox said he was not certain how the WIAA's policies might affect high
school student newspapers since few have that level of online capability yet,
but it could be a possibility.
"I would fear that if a student
newspaper had similar electronic capabilities, it would find itself being
prohibited from covering its own sports team," he said.
By Lisa Waananen, SPLC staff writer