Increased Restriction on Covering Sports Events
According to John Seldenberg of Suite 101, Sporting leagues here in the US are attempting to change the way the media is covering their events. Recently there has been new restrictions added by the league and amateur sports teams regarding games coverage, information techniques and photographing. The league is “attempting to control what is published, and/or posted to web sites and in newspapers” . The league is using the tool of credentialing individuals and organizations that want to attend and cover their events. In the effect to achieve this, professional leagues are monopolizing news that is gathered doing their events. Seldenberg used the example of how the Academy Award has been controlling whose covers their annual event by monitoring who pictures are taken, and when it is done. The league’s main objective is to be able to control the product that comes out of sports coverage for example: training camps, press conferences, and practices are the 3 other areas that the league want to gain limitations on what the media exposes in addition to the events it self. Media Attorney Kevin Goldberg gave a statement briefing the press on how the NFL only concern is the NFL itself and the channel that they are in contracts with to cover events. Therefore the leagues are making every possible effort to keep video footage, of events limited to their own network channels. In my opinion this is a very good idea for the league and the broadcasting station, because they are in partnership with these television stations like Fox and ESPN are getting paid millions and I feel both parties involved has the right to control how and what information is floating around. According to Seldenberg, in the New York Times on April 21, 2008 there was a article on sports blogging which stated, “League officials ague that too much video and audio coverage in news papers and websites could infringe on right holders- the broadcasters who pay millions of dollars to carry live game, and the league and teams have their own website, carrying news accounts and footage. “ Because news coverage is such a rapidly moving way of communicating events, news coverage has no value beyond 72 hours according to professional baseball officials, and the NFL feels there news has a 24-hour value. Even colleges are adding new restrictions to how is allowed to cover their news by making them apply for sports media credentials and also limiting the use of photos, videos, web sites and bloggers. In the effort to limit these restrictions, some of the well known news publication groups like the American Society of News Editors, the Associated Press Sports Editors, Online News Association, Radio- Television News Directors Association recently protested decisions made by the Big Ten Conference, “To make work produced as part of game coverage the property of the Conference”. The different leagues, colleges, are battling with the media over access and copyright material from games, requesting that changes be made in federal law. And because of the limits professional leagues, and colleges are trying to enforce, making the press have credentials, to create entrance barriers, which is set out to relinquish the “media’s” legal rights. According to Kevin Goldberg, who specialize in First Amendment copyrights and trademark issues, related to newspapers, and internet publishing feels that the leagues are making their own rules by asking those who cover their events to give up their copyrights rights in order to be able to cover their (the teams) game or event. He states, “The First Amendment rules essentially don’t apply.” Goldberg pointed out that there is no copyright on the actual playing of a game of sports because they are unscripted events that occur during real time. “ Therefore, what the leagues and colleges are doing is unconstitutional. In a case the NBA v. Motorola, because Sports Team Analysis and Tracking Systems Inc. hired individuals to communicate information during various NBA games for gambling and fantasy sports purposes, using Motorola pagers to relay the information, the NBA filed a lawsuit claiming the actions violated rights to publicity and its copyrights, heard in the US District Court, for the Southern District of New York, it was decided when Motorola appeal that the NBA had no copyright rights to this claim, therefore Motorola won the appeal stating that “there is no underlying script that exist in any game, and that information about issues were public accessibility and it did not involve any misappropriation of broadcasting the NBA’s information . Still yet the leagues are insisting they have copyright rights to video footage, photos, and stories regarding their events. They are granting licenses to selected media to cover their games, take pictures, and interview selected athletes but only under their restrictions and terms. Goldberg is working with the different press associations to try and stop the leagues and colleges from controlling audio and/or video coverage at their events, and the American Society of News Editors and other organizations are trying to make the proper federal law changes for example: Amending the Internal Revenue Code, to require access to events to any press member, if the stadium is receiving public funding. In concluding because the leagues and colleges have found ways to capitalize on making millions of dollars with the different broadcasting companies, to cover their events, they are going with the highest bid. Unless the different media associations keep finding loopholes in the leagues new rules and restrictions, they are trying to enforce, they will soon be working for the leagues, under very strict terms and conditions or having to bid high like the broadcasting companies. The media has been covering game, and event stories, for the public for many years and because of new ways of making money has come into play; the leagues and colleges feel that they can make their own rules. My question is can they, are can they not, because it seems like they already have, with the blessing of the lawmakers.
