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AP denied access to LPGA tourney because of new restrictions
Scott Varley, Photographer
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Torrance | CA | USA | Posted: 8:54 PM on 02.22.06 |
->> http://www.chron.com/disp/story.mpl/ap/golf/3678800.html
Because of new credential restrictions that the AP refused to agree to by the LPGA, the AP won't be staffing any upcoming LPGA events for photos or stories.
Seems to me that the LPGA is really shooting themselves in the foot with their new restrictions and should be begging for all the coverage they can get. |
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Shelly Castellano, Photographer, Assistant
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Matthias Krause, Photographer
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Brooklyn | NY | USA | Posted: 9:05 PM on 02.22.06 |
| ->> so - who else is refusing to sign???? Shouldn't everybody? |
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Dick Van Nostrand, Photographer
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Bay City | MI | USA | Posted: 9:06 PM on 02.22.06 |
| ->> I hate to say it but it's the chickens coming home to roost since the AP and their work for hire contract planted the idea for rights grabbing that so many sports associations are now using. |
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Ian L. Sitren, Photographer
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Palm Springs | CA | USA | Posted: 9:14 PM on 02.22.06 |
| ->> It may hurt for a while but photographers have to just say "no more". Maybe we need t-shirts; "No More" And then on the back bullet points of what "No More" to which we are referring. |
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Samuel Lewis, Photographer
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Miami | FL | USA | Posted: 9:14 PM on 02.22.06 |
| ->> Good for the AP! It's about time an agency affirmatively stood up for its rights and said "enough is enough." |
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Richard Walker, Photographer
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Honolulu | HI | USA | Posted: 9:40 PM on 02.22.06 |
| ->> The paper I work at, the Honolulu Star-Bulletin, has refused to shoot the Fields Open here on Oahu because of the credential restrictions. This only came to light today when one of our photogs was denied a credential, and we're still trying to see who else in town is refusing to sign... This is not unlike the American Idol affair a while back here in Honolulu where I and the competing paper's photog refused to sign a similar agreement. |
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Chad Ryan, Student/Intern, Photographer
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Fort Wayne | IN | USA | Posted: 9:51 PM on 02.22.06 |
| ->> It seems the AP is now in the same boat as freelance photographers trying to retain rights to images for future sales. As I understand from reading on this site, they are facing the same type of situation that many news gathering operations have forced upon freelance photographers. Now, all of the sudden, it is a travesty. Maybe I don't fully understand the situation, but it will be interesting to see how this plays out. |
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George F. Lee, Photo Editor, Photographer
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Honolulu | HI | USA | Posted: 10:12 PM on 02.22.06 |
->> Our competitior the Honolulu Avertiser has also refused to sign that crazy release. SS member Darrell Miho and I spoke this morning regarding this and said nearly all the major pubs like SI and the other wire services were not signing. Word has it that Japanese print, still and TV have signed.
Aloha |
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George F. Lee, Photo Editor, Photographer
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Honolulu | HI | USA | Posted: 10:24 PM on 02.22.06 |
->> Opps! I Meant Honolulu Advertiser.
Aloha |
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John Todd, Photographer
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Palo Alto | CA | usa | Posted: 10:28 PM on 02.22.06 |
->> Here's the real question?
Who is the LPGA's photo provider, and did they have a hand in this?
Seems like this was tried before last year with the PGA. |
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Mike Brice, Photographer
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Toledo | OH | USA | Posted: 10:28 PM on 02.22.06 |
->> Now that they have drawn a line in the sand, they had better not cross it or other organizations will do the same.
It would be interesting if we were talking about something like the NFL or NBA. Can you imagine what would happen if the AP told its member papers it wasn't going to cover the Super Bowl.
But the LPGA. Heck, half the sports editors across the country either said, "There is a LPGA event this weekend?" or "Great, more room for NASCAR."
But I agree with Chad and others, its funny how the AP doesn't feel the same way about the rights grab when the shoe is on the other foot. |
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D. Ross Cameron, Photographer
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Oakland | CA | USA | Posted: 10:34 PM on 02.22.06 |
->> The LPGA has tournaments?
I thought they just put the propane in the tanks and distributed it. |
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Jeff Stanton, Photographer
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Tucson | Az | USA | Posted: 10:44 PM on 02.22.06 |
->> Mike ... That may be true with some sports editors, but here in Tucson, where Annika Sorenstam attended the University of Arizona, it is a big deal. And you should take notice of it, because it could have a snowball effect.
True, on one hand I am happy to see AP getting a taste of its own medicine. But unfortunately, it's not only the AP that is being affected. Indeed, the WFH contracts are coming home to roost for multiple media outlets. Hopefully the LPGA will back off this craziness and realize the negative impact it will have on their sport. |
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David Lucas, Photographer
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Toronto | On | Canada | Posted: 11:32 PM on 02.22.06 |
->> A similar thing happened a couple of years ago with MLB. They had the same type of restrictions on their credentials and everyone refused to sign and it ended up getting changed because everyone stuck to their guns.
Cheers
David Lucas
Staff Photographer
Toronto Sun
www.torontosun.com
www.davidlucasphotography.com |
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darrell miho, Photographer
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Temple City | CA | usa | Posted: 11:42 PM on 02.22.06 |
->> last week when this new agreement was implemented, we were allowed to cross out the parts of the agreement that we did not agree with and we were issued a credential.
this week, however, with the revised agreement before us, we were not allowed to cross anything out. anyone who did was not issued a credential.
Paul Rovnak, media relations coordinator, has been placed in a difficult position. he asked me what part of the agreement was not suitable and i pointed out that the biggest problem was with section 2(b) which basically granted the LPGA rights to any and all photos taken at the events. there were other smaller issues, as outlined in the PDN article, but that one paragraph was the most severe.
he immediately contacted their legal counsel to discuss the issue and they are continuing to work on an agreement that will be acceptable to media outlets.
SI, Golf Digest/Golfworld and US Presswire will not cover events as long as the current agreement as it is written is being enforced. apparently Wire Image has signed the agreement, as well as many of the Japanese and Korean media outlets. but most of the US media has not.
so as of yesterday, i am officially on vacation. where's my surfboard? oh wait, i can't surf. |
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John Harrington, Photographer
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Washington | DC | USA | Posted: 11:48 PM on 02.22.06 |
->> Hmmm...interesting....
A review of the LPGA site shows images with photo credits which read either LPGA.com or "Getty Images".
A search of Getty's site reveals that they've covered a number of events, including Tour Schools, and numerous tournaments, since about 2002 - 92 events are returned when a search for "LPGA" is done in editorial/sports.
While there is no immediate information which reveals whether or not Getty is under contract, and would have a fiduciary interest in keeping out AP (since Getty regularily licenses images to AP member papers nationwide) and further, would want to keep images out of AP WIDE WORLD photo archives all LPGA images, thus increasing the revenues from their archives, all the while precluding others to resell images down the line, it certainly seems to be similar to other Getty deals.
A few excerpts from a March 2004 PDN article:
"Getty Locks Up Major League Baseball Partnership"
"Getty Images has strengthened its already tight grip on the sports picture business by extending its existing alliance with Major League Baseball...MLB will continue to pay contributors to cover games, and their pictures will then be sent to Getty. All commercial sales will be filtered through Getty and/or approved by the league. Orlowsky says Getty will not hire additional sports staffers, but will continue to offer freelancers day rates and contributor agreements...
"Since it bought Allsport in the late '90s, Getty has become the most successful--and aggressive--sports agency in the industry. Getty currently has at least 16 revenue-sharing deals with sports leagues, including the National Basketball Association (NBA) and National Hockey League (NHL). (Getty was close to finalizing a pact with the National Football League late last year, but protests from photographers put that deal on hold)."
(That NHL deal ultimately went to Wire Image).
In November of 2004, PDN also reported:
"...The problems stem from what Getty officials call "post-editorial relationships," which are revenue-sharing deals with major sports leagues such as the NBA, NHL and MLB....Getty currently has at least 16 such agreements with various leagues and governing bodies, most recently signing on to become the exclusive distributor of images owned by British Premier League soccer team Manchester United....Getty pays League ABC X dollars a year for Y years, and agrees to split all commercial sales with League ABC, in return for unfettered access to games and broad rights to license game images."
So, there could be another agency/service who is causing this uproar and trying to force the AP to restrict resales, but given that Getty is trying more and more to take over the news business, that they have deals with SIXTEEN sports leagues, this could be just one more salvo against the AP to increase the numbers in their play reports to attempt to marginalize AP and increase their value to the newspapers.
Food for thought to be sure.
John |
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John Harrington, Photographer
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Washington | DC | USA | Posted: 11:58 PM on 02.22.06 |
->> Darrell notes that Wire, and other foreign outlets have signed. Here's the problem -- those photographers are all work-for-hire, and not only are not allowed to engage in contracts on behalf of Wire (or for the foreign outlets, their companies), but for the most (if not all) WFH freelancers, they accept any liability in the event of a lawsuit. So, if you're a freelancer, and you sign the deal, you are not legally allowed to move them to your employer -- or if you can for immediate use, no resales after a week/month, but your employer can feign ignorance about any limiting deals, argue that the document is invalid because the photographer was not an agent of the corporation, or misrepresented themselves as such, and the company is extracted from liability, and, if you're a freelancer, you are the one left holding the bag. AP, Bloomberg, and many other WFH companies have specific clauses which contractually obligate you to take on liability and absolve the organization of liability in the event of a dispute.
For the agreements to be valid, they must be signed by an officer of the corporation, or someone who is a "Special Agent", and authorized, within a limited scope, to obligate the company to certain contractual agreements. A freelancer certainly cannot, and a staff photographer is not. Many clauses have the term "you also hereby acknowledge that you are authorized to engage in this agreement on behalf of X...".
So, check your contracts carefully.
John |
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Jamm Aquino, Photographer
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Honolulu | HI | usa | Posted: 11:59 PM on 02.22.06 |
->> I've been getting calls all day about this agreement, and everyone's going ballistic over it. The bottom line:
If you are covering LPGA this week in Hawaii, DO NOT sign the agreement!! You're going to be hurting the industry's integrity, your colleagues, and yourself!! |
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Julian Jenkins, Photographer
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Michael Hickey, Photographer
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Kokomo | IN | United States | Posted: 9:39 AM on 02.23.06 |
| ->> Once again, John, not all WireImage photographers are WFH. Some take it, most don't, including myself. |
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Jim Colburn, Photographer
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Omaha | NE | USA | Posted: 11:08 AM on 02.23.06 |
->> "Any stories and photos produced by AP staffers belong to AP," Taylor said. "We cannot accept this attempt by the LPGA to put such severe limits on AP's editorial use of its own work, and we can't accept any demand that AP provide free use of its material as a condition for being allowed to cover an event."
Thank goodness that someone finally has the balls to stand up to all the BS. |
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Brad Mangin, Photographer
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Pleasanton | CA | USA | Posted: 11:09 AM on 02.23.06 |
->> Kudos to the Honolulu Star-Bulletin:
"Today's Honolulu Star-Bulletin does not include photos or other news coverage of Michelle Wie or other golfers at the LPGA Fields Open in Hawaii tournament because of new restrictions put in place by the LPGA."
Full story is here:
LPGA policy fails to make the cut
http://starbulletin.com/2006/02/23/sports/story01.html |
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Vern Verna, Photographer
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Greenville | SC | United States | Posted: 12:44 PM on 02.23.06 |
| ->> i believe i am correct in saying this, i am 98% sure i am correct on the pga, nationwide and senior tour but not as certain on lpga. wireimage only has staffers or wfh guys shoot the tour events so their rights are bought out already. wi has a pseudo agreement with the lpga i think also. i do know they have a lot of commercial sales with lpga photos. |
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Andy Mead, Photographer, Photo Editor
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Durham | NC | USA | Posted: 1:08 PM on 02.23.06 |
->> It looks like something similiar is going on with the world's biggest sporting event, too.
http://news.yahoo.com/s/afp/20060223/sp_wl_afp/fblwc2006fifawanrights_06022...
The World Association of Newspapers is threatening to sue soccer's international governing body (FIFA) over credentialling language for this summer's World Cup finals. Along with restricting in-game internet usage is this:
"[FIFA] will also be severely limiting the number of photos that can be used regardless of time limits and imposing editorial restrictions on the way photos are used in print publications." |
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Barry Markowitz, Photographer
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Laie | Hi | USA | Posted: 1:30 PM on 02.23.06 |
| ->> LPGA Hawaii coverage this week was to be a big deal for several of the media entities I supply. I gave coverage a rest yesterday to see how things worked out...and things haven't. So I will respect the stance of Frank Bridgewater and the Honolulu Star Bulletin and give it a rest. I did consider shooting video for other entities, but then again, am I promoting the bad behavior of the LPGA by any form of media coverage? My decision is to walk away from the money...as an independent, this is a much harder financial decision to make than a salaried staffer. I think here in Hawaii our united stand might be a little ripple that could make a difference. |
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Wayne McAtee, Photographer, Assistant
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Hesperia | CA | usa | Posted: 1:47 PM on 02.23.06 |
->> Nascar has a Single event license at all events,
Nascar owns the rights to all images,sounds and data from this NASCAR event. Use of this this ticket constitutes acceptance of these terms. |
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Mark Smith, Photographer
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Elk City | OK | USA | Posted: 1:56 PM on 02.23.06 |
->> Damn, Barry, kudos, man.
Independents all, read and reread Barry's post. With fortitude like this, perhaps we can all work together to begin to turn a tide. |
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Allan Campbell, Photographer, Assistant
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Salem (Portland) | OR | USA | Posted: 2:04 PM on 02.23.06 |
->> We are starting to see a dollar value placed on the news cycle. These money making organizations (NBA, NFL, LPGA, ETC...) are learning that if they can control the length of time an image is considered news worthy, thay can make more money. Eventually we will have restriction of a period of time that an image is considered editorial in nature. After that time period they will want all sales to be considered commercial and want their share of the revenue. (if not all of it). So shoot something this week and it is an editorial use, use it again in 3 months it is a commercial use that they want to control.
Those companies wanting free usage or claiming ownership is over the top. Those same companies wanting to regulate commercial sales after the fact might not be so over the top from a business standpoint. The big question for all of us and the courts will be...
How long does and image stay news worthy versus a commercial usage? |
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Michael L. Palmieri, Photographer
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Barnegat | NJ | USA | Posted: 2:22 PM on 02.23.06 |
->> I'm not promoting this in any way, shape or form, but as a former newspaper staffer, I dealt with this all time when covering concerts. Big bands likes Aerosmith, Pearl Jam, Rush ... hell, even Neil Diamond had an editorial only, night after concert only, etc. "contract" to sign to get the credentials. Are the big time sports simply doing the same thing?
Again, not agreeing here. Just trying to make the connection. |
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Jack Howard, Photographer
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Somerville | NJ | USA | Posted: 2:50 PM on 02.23.06 |
->> In this new-found spirit of fairness against rights-grabbing entities, does anyone foresee, predict, or perhaps hope against ridiculously long odds that the AP will revise the freelancer contract to be fairer towards content creators?
(And, yes, I kind of wish there was a 'Funny, in a sad and ironic sort of way,' button myself...) |
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Barry Markowitz, Photographer
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Laie | Hi | USA | Posted: 3:22 PM on 02.23.06 |
| ->> I have e-mailed Hawaii Governor Linda Lingle's Director of Communications, Lenny Klompus, suggesting that the ramifications of this dilemna is hurting exposure for our beautiful state. I have asked him to suggest to Hon. Gov Lingle that she intervene immediately. In Hawaii, diminished worldwide exposures hurts all the way down to the lei makers, the taxi drivers, the plate lunch waitresses, etc. My personal financial losses can be substituted by shifting focus to breaking news, weather related coverage...the aforementioned cannot. I hope Lingle does the right thing. She is a former journalist. |
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Louis Lopez, Photographer
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Fontana | CA | USA | Posted: 3:45 PM on 02.23.06 |
| ->> Perhaps freelancers can direct some of this new solidarity and not sign the ridiculous WFH contracts that they sign giving up their rights, and truly start to change the way things have been going. It is a slippery slope as others have stated in the past and this is where it has been leading for quite some time now. |
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Vern Verna, Photographer
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Greenville | SC | United States | Posted: 7:34 PM on 02.23.06 |
| ->> Allen the pga put a time limit on an image last year. they redid the cred release by players and took it out. it was less than a year and my first thought was what about the trophy pix as a lead in to the tourmanent the following year. it would be illegal to sell use according to this clause. Luckily it only applies to a few tournaments and i didnt cover any of them so i didnt run into a problem. |
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Adrian Kraus, Photographer
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rochester | ny | USA | Posted: 1:53 PM on 05.01.06 |
->> does anyone know if this issue had been resolved or if any progress has been made in changing the LPGA's restrictions since Hawaii?
Is AP still not providing coverage? Has anyone else boycotted the tour since Hawaii?
We have a tournament coming up here in June.......with an informational meeting this week with LPGA officials.....we also received a copy of their policy and it appears to be unchanged.
thanks,
adrian |
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darrell miho, Photographer
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Temple City | CA | usa | Posted: 3:08 PM on 05.01.06 |
->> the LPGA has added a line at the end of section 2(b):
"All grants of rights made pursuant to this paragraph 2(b) shall only become effective upon the separate agreement of the owner's of such rights."
i'm not an attorney, but my understaning of this is that technically the LPGA still reserves the right to use any and all photos, but the LPGA can not actually use the photos without a separate agreement giving them permission to use the photos.
it sort of sidesteps the issue of granting the rights in the first place, but it works. it's not a perfect solution. eliminating section 2(b) would have been ideal, but alas the world is not perfect.
but as it is written, the new agreement appears to have appeased all the media as SI, Golf World, Getty, Wire Image, AP, US Presswire etc... were all present at the Kraft Nabisco in Palm Springs in mid March.
according to Paul Rovnak, media relations director for the LPGA, as of March 20th, anyone crossing out any portion of the new agreement will not be issued a credential. |
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