NPPA, ASMP & Other Photo Groups Send Letter to Time, Inc. Expressing Concerns Over New Photo Agreement

November 24th, 2015 by Mickey Osterreicher

Letter of the NPPA and ASMP joined by the American Photographic Artists, Digital Media Licensing Association and Professional Photographers of America to Mr. Norman Pearlstine, Chief Content Officer of Time, Inc. regarding concerns over its Commissioned Photographer Agreement

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NPPA Files Comments with FAA Expressing Concerns over Drone Registration

November 18th, 2015 by Mickey Osterreicher and tagged , , , , , , ,

On November 17, 2015 the National Press Photographers Association (“NPPA”), joined by 10 other organizations submitted supplemental comments to the FAA regarding the unintended consequences of drone registration. The groups are concerned that a registration process requiring all drone operators to carry a certificate of registration with them, and produce it on demand to a federal, state or local police official, will be used by police and prosecutors in a pretextual way to chill free speech and freedom of the press. Journalists often encounter this type of interference. Police officers who do not like news coverage of an event often use vague charges like failing to obey a lawful order or interference with officers at an emergency scene to stop journalists.

The stated purpose of a registration and marking requirement is the safe integration of drones into the national airspace. The FAA has asserted one of the ways to insure that is to have a means to identify and track the drone to its operator. The groups believe that requiring a drone operator to produce papers on demand will not aid in drone safety.

Writing for the group, NPPA general counsel Mickey H. Osterreicher, expressed the concern “with these unanticipated and unintended consequences which illustrate how government, and particularly law enforcement, can use discretionary laws to suppress speech activities in ways that were not considered at the time of their enactment. To pass constitutional muster and forestall constitutional conflicts between journalists and law enforcement officers, any registration system, must contain provisions that preclude officers from demanding to see journalists’ registration papers, and to then detaining, fining, or seizing property from journalists who are not carrying such documentation with them.”

The American Society of Media Photographers, American Society of News Editors, Associated Press Media Editors, Associated Press Photo Managers, The McClatchy Company, North Jersey Media Group, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Society of Professional Journalists and the Student Press Law Center joined in the filing.



Posted in drone, Drones, FAA, First Amendment, First Amendment rights, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Regulations limiting photography, Unmanned Aerial Vehicle (UAV) | No Comments »

NPPA Joined by 13 Organizations Files Comments in Support of Electronic Recording and Audio-Visual Coverage of Court Proceedings in NYS

November 13th, 2015 by Mickey Osterreicher and tagged , , , , , , , , , ,

The NPPA, joined by 13 other organizations filed comments today with the New York State Office of Court Administration (“OCA”) in support of proposals to revise and update the Unified Court System (“UCS”) rules regarding electronic recording and audio-visual coverage of court proceedings in the state.

The letter also supports proposed revisions to the definition of audio-visual coverage and other proposed clarifications excluding still photography from the definition of audio-visual coverage. Additionally the letter affirms support of the proposed goals set by the Communications & Media Law Committee of the Association of the Bar of New York City: “(i) consistently maintaining the distinction between audio-visual coverage and still photography throughout the rules and using consistent terminology to avoid confusion; (ii) emphasizing that there should be a presumption in favor of permitting both audio-visual and still photographic coverage to the extent consistent with Section 52 of the Civil Rights Law, with ultimate decisions left to the presiding judges; and (iii) eliminating certain restrictions on coverage created or continued by the proposed revisions that go beyond the requirements of Section 52.”

It urges OCA “to exercise its authority to ensure that New York’s court system, which has been a beacon of progressive policies for the nation, does not fall further behind than it already has under some of the anachronistic rules promulgated at a time when televisions used vacuum tubes and at best could receive 12 channels, broadcast in black & white for a few hours a day.”

Addressing those opposed to the proposed changes, NPPA general counsel, Mickey H. Osterreicher wrote, “the tired arguments that camera coverage will: prejudice a defendant’s fair trial rights, their right of privacy, the prosecution’s ability to have witnesses comply with subpoenas, as well as the detrimental effect cameras will have on lawyers, judges, and other participants are just that – threadbare and unsubstantiated. But the more crucial point is not how cameras affect either side in a litigation. It is whether cameras will increase the public’s confidence in our justice system. Nothing is more fundamental to our democratic system of governance than the right of the people to know how their government is functioning on their behalf. That, we submit, is a higher value which should drive the debate here; and is the central point about which the Bar Association, the Unified Court System and, indeed, the legislature should be concerned.”

The groups joining in the letter were: Associated Press Media Editors, Associated Press Photo Managers, The Deadline Club/New York City Chapter of the Society of Professional Journalists, Media Law Resource Center, New York News Publishers Association, New York Press Photographers Association, New York State Broadcasters Association, Inc., The NewsGuild of New York Local 31003, CWA, North Jersey Media Group, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Scripps Media, Inc., d/b/a WKBW-TV and Society of Professional Journalists.

Posted in Access, Cameras, Cameras in the Courtroom, First Amendment, First Amendment rights, National Press Photographers Association, NPPA, photographers, Photographers' Rights, photojournalism | No Comments »

NPPA Files Comments As Part of News Media Coalition Regarding FAA Drone Registration

November 7th, 2015 by Mickey Osterreicher and tagged , , , , ,

In response to a Request for Information from the FAA, the NPPA, as part of a News Media Coalition (NMC) filed Comments on November 6, 2015, regarding Unmanned Aerial Systems (UAS) registration,

According to Charles D. Tobin of Holland & Knight, LLP on behalf of the 17 news organizations and associations, “the News Media Coalition has stressed, and the government has acknowledged, that the First Amendment rights of the public in receiving news and information in the public interest, and the media in gathering that news and information, must be preserved in the regulation of any new technology, including UAS.”

With that overriding principle in mind the NMC went on to “strongly urge the FAA to require registration at the point-of-sale with registration information submitted by the seller, rather than the end-users,” to avoid an overly burdensome and costly process.

The coalition also advised that the  “FAA should only require the submission of the limited contact information from users necessary to ensure accountability” and “to avoid unnecessary administrative burdens and bureaucratic delays, registration should be web-based [with] information about the registration should be available in an easy-to-use and searchable online database that provides access consistent with that provided by the FAA for other aircraft registration.”

Additionally, “operation of UAS should be permitted upon submission of registration information, rather than awaiting affirmative approval or imposing a waiting period before a UAS may be legally operated. Any delay or additional affirmative steps could restrict an otherwise qualified UAS operator from exercising her First Amendment rights” and that “there should not be any fees—for users or sellers—to file UAS registrations with the FAA.

The group went on express its concern about registration requirements that operators file detailed flight plans with the FAA because it “would not meaningfully contribute to safety “make it virtually impossible to use UAS for breaking news stories.”

Should the FAA adopt special rules for micro UAS (under 2.2 lbs.) the group believes they should be exempt from registration requirements because “collection of such information would be overly burdensome to users and to the FAA and, given micro UAS operational limitations and safety benefits.”

Finally, in order to encourage accountability and responsible use of UAS, the NMC urged the FAA to expedite a clear commonsense final small UAS rule and utilize stakeholders (such as those in the coalition) to “help better educate UAS operators, including hobbyists, regarding current regulations and best practices for safe UAS operation.”

Members of the News Media Coalition include: Advance Publications, Inc., A.H. Belo Corp., American Broadcasting Companies, Inc., The Associated Press, Capitol Broadcasting Co., Cox Media Group, LLC, Fusion Media Network, LLC, Gannett Co., Inc., Getty Images (US), Inc., National Press Photographers Association, NBCUniversal Media, LLC, The New York Times Company, Reuters, The E.W. Scripps Company, Sinclair Broadcast Group, Inc., TEGNA, Inc., and WP Company LLC.

Posted in drone, Drones, FAA, First Amendment, First Amendment rights, Getty Images, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, small unmanned aerial systems, sUAS, UAS, Washington Post | No Comments »

Join NPPA Now!

September 10th, 2015 by Mickey Osterreicher and tagged , , , , , , ,

To those of you who read the Advocacy Blog or follow us on Facebook and who support NPPA through their membership – thank you. To those considering joining or renewing their lapsed memberships please get off your best intentions and do it today ( For those of you who just take a free ride by viewing the news and information provided by NPPA on our website, Twitter and Facebook, I urge you to join now.

NPPA cannot do the advocacy it does without members and money. It cannot take a leadership position, where 32 major news organizations joined in a letter that I drafted to convince the Governor of California to veto a constitutionally suspect drone bill (, without you.

Aside from your actual dues NPPA receives money from a copyright organization based upon our membership numbers – so think of joining as part of a matching fund. It is unfortunate to report that our membership numbers continue to decrease when commonsense would expect just the opposite.

If you want our advocacy efforts to continue, but moreover, if you want NPPA to continue to be heard as the strong “Voice of Visual Journalists” then please support us and join today!

Posted in National Press Photographers Association, NPPA | No Comments »

NPPA Joined by 32 Other Media Groups Urges Gov. Brown to Veto CA Anti-Drone Bill

September 3rd, 2015 by Mickey Osterreicher and tagged , , , , , , ,

Today the National Press Photographers Association (NPPA) sent a letter to California Governor Jerry Brown urging him to veto SB 142, which would create strict liability for anyone operating a drone over the “airspace overlaying the real property” of another person or entity without “express consent.” The letter was joined by 32 other media organizations.

“We believe this bill will unduly restrict the development of new uses for Unmanned Aircraft Systems (UAS) by establishing a technology-specific restriction that is impossible to comply with, impossible to enforce, and likely will conflict with the existing authority and proposed new regulations of the Federal Aviation Administration (FAA), said NPPA general counsel Mickey H. Osterreicher, in the letter. He went on to say, “while the bill acknowledges the FAA Modernization and Reform Act of 2012, its language flies in the face of both common sense and federal preemption,” adding “the chilling legal repercussions of this bill will tax an overburdened court system and thwart the federal government’s efforts, in which we are participating, to bring about a sensible regulatory regime for this new technology.”

Those groups joining in the letter are: Advance Publications, Inc., American Society of News Editors, Associated Press Media Editors, Associated Press Photo Managers, Association of Alternative Newsmedia, CNN, First Look Media, Inc., Gannett Co., Inc., Hearst Corporation, KBAK-TV (Bakersfield), KERO-TV (Bakersfield), KGTV-TV (San Diego), KMPH-TV (Fresno), KXTV-TV (Sacramento), Los Angeles Times Communications LLC, Merced Sun-Star, Newspaper Association of America, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Scripps Media, Society of Professional Journalists, Student Press Law Center, The Associated Press, The Desert Sun, Palm Springs, The Fresno Bee, The McClatchy Company, The Modesto Bee, The Sacramento Bee, The Salinas Californian, The (San Luis Obispo) Tribune, Tulare Advance-Register and Visalia Times-Delta.


Posted in Access, broadcasting, California, drone, Drones, First Amendment, First Amendment rights, Newsgathering, photographers, photojournalism | No Comments »

Judge Halts Enforcement of Unconstitutional Nude Photo Law in Arizona

July 10th, 2015 by Mickey Osterreicher and tagged , , , , , , , , , , ,

PHOENIX – A federal court today permanently ordered Arizona state prosecutors to halt enforcement of a 2014 law restricting the display of nude images.

The order approved a joint final settlement between the Arizona attorney general and the coalition of plaintiffs which include the National Press Photographers Association (NPPA), Arizona booksellers, book and newspaper publishers, and librarians, who filed a federal lawsuit challenging the law.

The order resolves all claims in the lawsuit, Antigone Books v. Brnovich, and states that plaintiffs are entitled to attorney’s fees.

“We are very pleased with the outcome of this case and our representation by our attorneys in this matter,” said Charles W. L. (“Chip”) Deale, NPPA Executive Director.

“This is a complete victory for publishers, booksellers, librarians, photographers, and others against an unconstitutional law,” said Media Coalition Executive Director David Horowitz, whose members include plaintiffs in the suit. “Now they won’t have to worry about being charged with a felony for offering newsworthy and artistic images.”

The law, Arizona Revised Statute 13-1425, was initially passed with the stated intent of combating “revenge porn,” a term popularly understood to describe a person’s malicious posting of an identifiable, private image online with the intent and effect of harming an ex-lover. But, as plaintiffs maintained in the lawsuit, the law wasn’t limited to revenge and criminalized far more than offensive acts. It could have led to the conviction of someone posting a nude photo with no intent to harm the person depicted. This would include, for example, an artistic photographer who creates an anthology of his images of nudes — as well as the book’s publisher, seller, or librarian.

As part of the lawsuit, NPPA General Counsel Mickey H. Osterreicher expressed fears in his declaration “that the NPPA’s members (including me) are at risk of prosecution under the Act simply for doing our job—the accurate and comprehensive reporting of the news. The Act would subject the NPPA’s members to prosecution for taking newsworthy, non-obscene photographs and videos, and either offering those photographs and videos for publication, or themselves publishing the photographs and videos through electronic or other media.” “With this very comprehensive settlement, that concern has now been alleviated,” said NPPA President Mark Dolan.

Likewise, a person who shared a photograph could have been charged with a felony even if the person depicted had no expectation that the image would be kept private and suffered no harm, such as a photojournalist who posted images of victims of war or natural disaster. As a result, the law applied to any person displaying an image of nudity, no matter how newsworthy, artistic, educational, or historic.

“This is an important vindication of the First Amendment and a great resolution for our clients,” said ACLU Staff Attorney Lee Rowland, who, along with lawyers from the ACLU of Arizona and Dentons US LLP, represents the plaintiffs. “We commend the state for agreeing not to enforce a broad statute that chilled and criminalized speech unquestionably protected by the Constitution.”

Dan Pochoda, attorney for the ACLU of Arizona, added: “We always believed that it would be a waste of the Arizona taxpayers’ money to continue defending this unconstitutional statute. We’re pleased that the court’s order means this law will not be enforced, all without additional and unnecessary litigation.” Today’s order is at:

The plaintiffs were: Antigone Books L.L.C.; Intergalactic, Inc., D/B/A, Bookmans; Changing Hands Bookstore, Inc.; Copper News Book Store; Mostly Books; Voicemedia Group, Inc.; American Booksellers Foundation For Free Expression; Association Of American Publishers; Freedom To Read Foundation; and the National Press Photographers Association (NPPA).

Posted in Access, ACLU, First Amendment, First Amendment rights, National Press Photographers Association, NPPA, photographers, Photographers' Rights, photojournalism | No Comments »

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