April 23rd, 2013 by Joan Blazich and tagged Access, Anti-Paparazzi Statute, Assembly Member Richard Bloom, California, Constitution, first amendment, free speech, journalism, legislation, Mickey Osterreicher, national press photographers association, NPPA, Paparazzi, photographer, photographers, photography, photojournalism, recording, trespassing, video
*** UPDATE *** In the wake of opposition from NPPA and other groups the CA Assembly Judiciary Committee made both AB-1256 and AB-1356 “2 year bills.” A 2 year bill is one which will not move out of the policy committee this year. It is eligible to be taken up again at the beginning of the 2nd year of the biennial session thus the term “2 year bill.” In January, the Legislature will hear all bills introduced in the 1st year and those that pass muster will begin to move through the process. This is very significant because every other anti-paparazzi bill that has been introduced has flown through the Legislature. This is the first time one has been held up. While the AB-1256 and AB-1356 are not dead, this indicates the sponsors may have a difficult time getting out of Judiciary in January.
The National Press Photographers Association (NPPA) today sent a letter to California Assembly Member Richard Bloom opposing two recently filed anti-paparazzi statutes that he sponsored. The NPPA was joined by twenty-six other organizations in sending this letter, including the Associated Press Media Editors, Digital Media Law Project at Harvard University’s Berkman Center for Internet & Society, Bloomberg News, North Jersey Media Group Inc., The New Yorker, E.W. Scripps Company, The New York Times, The Los Angeles Times, Society of Professional Journalists, Radio Television Digital News Association, The Associated Press, National Public Radio, Inc., The McClatchy Company, Reuters News, Time Inc., The Washington Post, Reporters Committee for Freedom of the Press, Picture Archive Council of America, Cox Media Group, American Society of News Editors, California Newspapers Partnership, The First Amendment Coalition, Courthouse News Service, The Newspaper Guild, Communications Workers of America, Association of Alternative Newsmedia and San Francisco Bay Media Associates.
The letter is written in opposition to proposed bill AB-1256, “An act to amend Section 1708.8 of, and to add Section 1708.9 to, the Civil Code, relating to civil law.” Proposed bill AB-1256 would expand upon California’s constructive invasion of privacy law. The letter also expresses opposition to AB-1356, “An act to amend Section 1708.7 of the Civil Code, relating to stalking,” which would enhance California’s anti-paparazzi statutes.
“We believe the creation of a civil cause of action for the “constructive invasion of privacy” is overly broad and vague and imposes greater civil penalties upon otherwise protected forms of speech and expression,” wrote Mickey Osterreicher, general counsel for NPPA. Osterreicher continued, “We are also concerned that remedies for invasion of privacy and trespass are already properly addressed by current California statutes and that statutory and punitive damages will further chill free speech and create uncertainty about liability.” “Additionally,” stated Osterreicher, “the definition of “commercial purposes” fails to distinguish those acts done for valid newsgathering purposes and in fact penalizes publishers and broadcasters along with visual journalists and members of the public with a camera.”
In the letter Osterreicher cites recent Supreme Court cases which support NPPA’s position that AB-1256 and AB-1356 are unconstitutional, including U.S. v. Stevens, 559 U.S. ___, 130 S. Ct. 1577 (2010) (holding the Animal Crush Video Prohibition Act of 2010 unconstitutional); California v. Superior Court of California (Raef), Case No. BS140861 (holding California statute AB-2479, an anti-paparazzi statute, unconstitutional); and Branzburg v. Hayes, 408 U.S. 665 (1972) (holding that “without some protection for seeking out the news, freedom of the press could be eviscerated”).
In another related matter a California assembly member withdrew his proposed “ag-gag” bill hours before it was to be considered at a scheduled hearing.
The measure, AB-343, sponsored by Jim Patterson, R-Fresno, originally imposed a “duty to report animal cruelty” that would have required “any person who willfully or knowingly photographs, records or videotapes animal cruelty . . .” to “submit all original photographs, recordings or video to local law enforcement and the owner of the animal(s) or a representative of the owner within forty eight hours of taking such photographs, recordings or video.”
NPPA and other groups opposed the bill as violating the Shield Law provisions of the California Constitution and Code of Evidence; as well as being unconstitutional under the First, Fourth, Fifth and Fourteenth Amendments in that it abridged free speech and press and constituted an unreasonable seizure lacking in due process.
“The NPPA is very proud to have the support of so many state and national organizations in its fight against these ongoing First Amendment erosions,” said NPPA President Mike Borland. “We hope that lawmakers around the country will realize that there is a better way to address their constituent’s concerns than to propose unconstitutional bills,” he added.
Posted in ag-gag, anti-paparazzi, California, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, Paparazzi, photographers, Photographers' Rights, photojournalism, Recording, Regulations limiting photography | No Comments »
March 15th, 2013 by Joan Blazich and tagged Jeremy Barr, Joe Biden, Lucy Daglish, national press photographers association, NPPA, Philip Merrill College of Journalism, photographer, photography, photojournalist, rcfp, reporter, Reporters Committee for Freedom of the Press, Rockville, University of Maryland, Vice President, White House New Photographer's Association, WHNPA
The National Press Photographer’s Association (NPPA) today joined with the White House News Photographers Association (WHNPA) and the Reporters Committee for Freedom of the Press (RCFP) in sending a letter to Ms. Kendra Barkoff, Press Secretary for the Office of the Vice President of the United States. The letter, signed by NPPA president Mike Borland, WHNPA president Ronald Sachs, and RCFP executive director Bruce Brown, was written in response to a March 12 incident in which a journalist covering an event featuring the Vice President in Rockville, Maryland, was ordered by a Vice Presidential staff member to delete all images of the event on his camera.
As reported by the Capitol News Service, Jeremy Barr, a member of the Capitol News Service, a student-staffed news agency run by the University of Maryland’s Phillip Merrill College of Journalism, covered an event discussing domestic violence held by Vice President Joe Biden, Attorney General Eric Holder and Maryland Sen. Ben Cardin. Barr stated that he “unknowingly sat in a section of the crowd designated as a non-press area” because “I didn’t see any demarcation that would have designated a press entrance versus a general entrance.” “The event began and I took a few photos of each speaker,” said Barr, as “people a few rows in front of me were also taking photos.”
According to reports, after the event concluded Barr was approached by Vice Presidential staffer Dana Rosenzweig who asked Barr whether had taken any photos of the event. When Barr responded that he had taken photos, Rosenzweig demanded that Barr delete all images of the event from his iPhone while Rosenzweig watched, telling Barr that by sitting in the non-press area he had gained an unfair advantage over other members of the media who also attended the event. Barr complied with Rosenzweig’s request, stating that “I assumed that I had violated a protocol; I gave her the benefit of the doubt that she was following proper procedures.” Rosenzweig then ordered Barr to wait while she informed her supervisor of the incident, and after a ten minute delay Barr was permitted to leave.
Lucy Dalglish, dean of the Phillip Merrill College of Journalism, filed a formal complaint with the Vice President’s press office, stating that “this was pure intimidation,” and that “it’s clear from the circumstance that the journalist did nothing wrong.” Poynter reported that Dalglish stated in her complaint that “Rockville is not a third-world country where police-state style media censorship is expected.” Biden Press Secretary Kendra Barkoff apologized to Barr and Dalglish in separate phone conversations shortly after Dalglish’s complaint was filed. Barkoff told Dalglish that “the incident was a total miscommunication,” stressing that “it is never the press office’s policy to request that reporters delete photos.” Barkoff declined to speak about the incident on the record with the Capitol News Service, and calls to Rosenzweig were not returned.
In the letter to Barkoff the NPPA, WHNPA and RCFP state that “while we commend your office for immediately apologizing . . . we do not believe that such a blatant violation of free press/speech rights protected under the First Amendment should pass without comment.” The letter goes on to cite a May 14, 2012 letter from the Department of Justice to the Baltimore Police Department from a similar case which stated that “Under the First Amendment, there are no circumstances under which the contents of a camera or recording device should be deleted or destroyed.”
The NPPA, WHNPA and RCFP concluded the letter by commenting that “In order to ensure that situations like this one do not ever happen again . . . we would like to meet with members of your staff to discuss “event” coverage from your perspective and ours.” It is the NPPA’s hope that a meeting with the Vice President’s staff will better inform staff members as to the First Amendment rights of photographers and journalists, and will prevent future incidents such as this from occurring again.
Posted in DOJ, First Amendment, First Amendment rights, National Press Photographers Association, photographers, Photographers' Rights, photojournalism, Reporters Committee for Freedom of the Press, Student, Vice President Press Office, Visual Journalists, White House News Photographers Association, WHNPA | No Comments »
March 12th, 2013 by Joan Blazich and tagged first amendment, Mickey Osterreicher, national press photographers association, New Mexico Department of Homeland Security, NPPA, photographer, photography, photojournalist, Suspicious Activity Report
The National Press Photographer’s Association (NPPA) recently worked with the New Mexico Department of Homeland Security (NMDHS) to revise policies regarding photography in its online Suspicious Activity Reports (SAR). NPPA General Counsel Mickey Osterreicher was initially alerted to the issue when NPPA member Amanda Emily wrote on the NPPA Facebook page on Feb. 19 about the issue: “If you ever visit New Mexico, don’t bother photographing “historic structures and national landmarks” among other subjects….it’s considered a suspicious worthy of reporting to their fusion center.” This is the original version of the NMDHS SAR policy.
Several NPPA members commented on Ms. Emily’s post, including Osterreicher, who on Feb. 20 sent an email to Mr. George Heidke, General Counsel for the NMDHS, about the NMDHS’s SAR forms. In that email Osterreicher recommended that NMDH modify their SAR to remove both the “Activity (photography) checkbox” as well as the “Q & A” answer directing that “You should immediately report people who photograph, videotape, sketch . . .” which immediately preceded that checkbox because both portions on the SAR form indicated that photography in general constituted a suspicious activity. Osterreicher then quoted from a “Report It Form” issued by the Spokane County Sheriff’s Office which describes the appropriate way to address photography in the context of a SAR, and which he also had a part in correcting in 2011:
“These activities are generally First Amendment-protected activities and should not be reported absent articulable facts and circumstances that support the suspicion that the behavior observed is not innocent, but rather reasonably indicative of criminal activity associated with terrorism or other crimes, including evidence of pre-operational planning related to terrorism. Race, ethnicity, national origin, or religious affiliation should not be considered as factors that create suspicion (although these factors may be used as specific suspect descriptions).”
In his email, Osterreicher also pointed to a FPS (Federal Protective Service) bulletin which recognizes the First Amendment rights of photographers to take photographs of federal buildings unless such activity gives rise to a reasonable concern of suspicious activity. He then said, “photography by itself is not a suspicious activity and is protected by the First Amendment.” ”Unfortunately the reliance by law enforcement officers to question, detain and interfere with lawful activities by photographers under the guise of preventing terrorist activities has become a daily occurrence, ” he added. ”The abridgement of a constitutionally protected activity because of that erroneous belief is only reinforced by your specific reference to photography as possibly being part of some sinister act.” Osterreicher concluded the email by again urging Mr. Heidke to consider amending the NMDHS SAR form to remove its references to photography.
In a not too surprising coincidence, world-reknowned photojournalist David Burnett also wrote to Robert McGee, Chief Information Officer for NMDHS, stating his concerns over ”the potential for extremely negative backlash which the public might feel, based on the . . . guidelines such as they are outlined on your website.” ”Photography is not a crime,” he went on, adding “those of us who carry cameras on a daily basis have to deal with the increased sense of paranoia, and often ill-conceived reactions by much of the public over something as simple as taking a photograph of a historic landmark building, or a natural wonder. In fact, let’s be honest, the world at large would hardly know of any of the wonders of New Mexico were it not for the photographs which have become iconic in their own way, over the years.”
Burnett pointed out that “photography remains a passion for millions of Americans (and others), and the artistic expression through which we see the world with our cameras is unquestionably one of the great visual joys of our time. I fear that in an attempt to rally public interest in protecting society at large, you may have put at risk something which provides a great deal of joy , and which no doubt through commerce and tourism, add a great deal of benefit to New Mexico,” concluding with a plea to “reconsider the manner in which you seek to engage the public re: ‘suspicious activity’ as we all want to live in a safe environment, but to do so at the cost of being suspected as ‘terrorists’ or ‘criminals’ for merely engaging our right to take photographs, is something which in the end does not properly serve the public at large.” Burnett also shared copied Osterreicher on his email.
NPPA is pleased to report that on March 6, Osterreicher received an email from Mr. Heidke which stated: “The Department has concluded its review of the SAR instructions and has posted new guidelines on its website. We appreciate your comments. Thank you.” “This incident serves as a reminder that everyone must remain vigilant to ensure that these types of postings are corrected to avoid the chilling effect they have on our First Amendment rights,” Osterreicher said. The communications between the two attorneys also show the ability of NPPA to contact and work with law enforcement and other government agencies in a positive, instructive manner to help improve relationships between photographers and those entities. NPPA encourages its members to communicate such issues as the NMDHS’s old SAR policy to Mr. Osterreicher so that the NPPA can continue its mission of advocating as the voice of visual journalists. The new NMDHS link can be found here and the new form here.
Posted in David Burnett, First Amendment, First Amendment rights, National Press Photographers Association, NPPA, photographers, Photographers' Rights, photojournalism, SAR, Suspicious Activity | No Comments »
February 14th, 2013 by Joan Blazich and tagged first amendment, free speech, government, journalism, Mickey Osterreicher, national press photographers association, NPPA, open government, photographers, photography, photojournalism, photojournalist, public information, sunshine week
The National Press Photographer’s Association (NPPA) is participanting in Sunshine Week, March 10-16, 2013, along with a number of other organizations, led by cosponsors – the Reporter’s Committee for Freedom of the Press (RCFP) and the American Society of News Editors (ASNE). Sunshine Week is a national initiative which was launched by the Florida Society of Newspaper Editors in 2002. “Sunshine Sunday” (as it was named) was a response to attempts by the Florida legislature to limit the state’s public records law. In 2003, ASNE expanded that initiative by hosting a Freedom of Information Summit in Washington which has now expanded to a weeklong event promoting the importance of open government and freedom of information. Participants include news media, civic groups, libraries, nonprofits, schools and others interested in the public’s right to know.
As part of NPPA’s participation, general counsel Mickey Osterreicher will moderate a panel discussion on Friday, March 15 regarding the right to photograph and record in public. Panelists will include Washington Metropolitan Police Department Public Information Officer Gwendolyn Crump; attorney Mary Borja of Wiley Rein LLP in Washington; freelance photojournalist and independent video producer Mannie Garcia; Linda Epstein, senior photo editor for McClatchy-Tribune Information Services and attorney Robert Corn-Revere of Davis Wright Tremaine.
That panel is part of the Shoot Off Visual Media Workshop will be held in Arlington, VA. The program presents the best speakers, mentors, editors and judges throughout the country, who volunteer for this prestigious event that aligns service members with the national press corps, industry leaders and veteran military photographers. These workshops are for all levels and provide professional development in helping to fill training gaps for photographers.
As another “first” NPPA members are encouraged to participate in Sunshine Week by contributing images of “open government” to the Sunshine Week toolkit. This toolkit is a free resource available to any Sunshine Week participant including professional and student journalists working in any medium; bloggers; civic and non-profit organizations; schools; and government officials (for activities related to open government only). NPPA members are encouraged to photograph their interpretation and submit those images for use in the toolkit. These “open government” photographs can be literal or artistic, big government or small, or even not government-related at all—the concept and interpretation is left entirely to the photographer.
Images should be shot and emailed to Debra Gersh Heranadez at firstname.lastname@example.org by March 7, 2013. Please include “NPPA Sunshine Week Submission” in the subject line. To see materials already available in the toolkit for use by participants in their Sunshine Week Coverage, visit: http://sunshineweek.rcfp.org/toolkit/.
By submitting images to the Sunshine Week toolkit, photographers grant permission for those images to be used by Sunshine Week participants only between March 10-16, 2013. No compensation will be given for materials submitted to the toolkit. All materials submitted to the toolkit will be used with appropriate attribution. Upon conclusion of Sunshine Week most items in the toolkit will be taken down except for those granting additional permission for them to remain on the site. Those submitting images also agree that the copyright remains the property of the photographer or employer of the photographer. All participants agree that by submitting images, photographers give permission to NPPA and Sunshine Week to reproduce submissions on the NPPA website as well as in the Sunshine Week Toolkit. Reasonable precautions will be taken to ensure security against unauthorized electronic reproduction.
To read more about the mission of Sunshine Week, visit http://sunshineweek.rcfp.org/.
Posted in American Society of News Editors, First Amendment, National Press Photographers Association, NPPA, Open Government, photographers, photojournalism, Reporters Committee for Freedom of the Press, Sunshine Week | No Comments »
January 26th, 2013 by Joan Blazich and tagged Alicia Calzada, copyright, copyright small claims, journalism, journalist, law, Legal, Mickey Osterreicher, national press photographers association, NPPA, orphan works, photographer, photographers, photography, photojournalism, photojournalist, u.s. copyright office, Visual Journalists
The National Press Photographer’s Association (NPPA) has, in response to a Notice of Inquiry (NOI) by the Copyright Office, submitted comments on the issue of orphan works and mass digitalization. The Copyright Office has solicited comments for use in advising Congress on how to address current issues involving copyright and orphan works.
These official comments, written by NPPA attorneys Mickey Osterreicher and Alicia Calzada, with contributions from board member Greg Smith and NPPA intern Joan Blazich, discuss the issues currently facing visual journalists regarding copyright and propose solutions for creating a system which would treat copyright holders and users of orphaned works fairly and efficiently.
The comments state that “NPPA is gravely concerned that in seeking to address the frustration of ‘good faith users’ of Orphan Works in order to cure their potential liability and ‘gridlock in the digital marketplace,’ the Copyright Office may create a far more serious problem for authors/owners of visual works.” The comments also note that “As visual journalists, our members are squeezed from every side by onerous contracts seeking all rights for little compensation, the proliferation of user generated content by publishers and the widespread infringement of visual works by individuals and organizations. While we understand and appreciate the concerns of those in the copyright community who need to use Orphan Works, we believe it is crucial to protect the copyright of recently created visual works that, for whatever reason, appear to be orphaned when, in fact, they are not.”
NPPA attorneys Osterreicher and Calzada plan to attend the Copyright Office’s public hearings on orphan works once dates and times for those hearings are announced. As more visual journalists face situations in which their images are misappropriated under an ”orphan works” claim, the NPPA proposes that if any legislation is enacted, it must include language that protects authors from predatory practices by those who would infringe upon our members’ work with impunity under the protection of a new law.
“Photographers are lucky to have advocates like Mickey, Alicia, Greg and Joan, who spend a great deal of time examining these issues and and how they will affect our members and all those who create content,” said NPPA President Mike Borland. “The orphan works issue won’t be resolved soon and it certainly won’t be resolved properly without our voice being heard,” he added.
In accordance with that goal, the comments recommend significant limitations on what works qualify as orphans and which users would be entitled to such protection. In addition, the NPPA advocated for registration of any uses of orphan works, along with a bond or insurance requirement to protect rights holders’ financial interests in the event they come forward to make a claim.
To read the NPPA’s comments, click here. To read the Copyright Office’s current NOI, click here. To read about previous Copyright Office inquiries on the subject of orphan works click here.
Posted in copyright, copyright infringement, National Press Photographers Association, NPPA, Orphan Works, Photographers' Rights, U.S. Copyright Office, Visual Journalists | No Comments »
January 5th, 2013 by Mickey Osterreicher and tagged handout photo, journalism, Manipulated image, national press photographers association, NPPA, Pelosi, photojournalism, photoshop, WHNPA
The National Press Photographers Association (NPPA) joined with the White House News Photographers Association (WHNPA) in a statement protesting the manipulation of an official photograph made available for distribution by House Minority Leader Nancy Pelosi’s office.
The issue of the use of government hand out photos is something that press groups have been concerned with for sometime. The acknowledgment by House Minority Leader Nancy Pelosi’s office that four Members of the House who arrived too late to be photographed in a group shot were “later photo-shopped in” stands as exhibit A in the dangers of using these photos. Those dangers are further exacerbated at a time when news organizations are cutting staff and relying more on unvetted user generated content while the government and other organizations are seeking to exercise more control over access and their images.
A further review of the photo shows that not only were the four missing Congresswomen added but that the image was also manipulated to show other Congresswomen who were blocked in the original photo as well as redoing the hair of another. Rather than being a true and “accurate historical record” as the House Minority Leader stated in her defense of the use of the photo, the hand-out represents an example of the dangers in using a manipulated official photograph, thus undermining the public’s trust in visual images.
The White House News Photographers Association is a 92-year-old not for-profit organization dedicated to supporting the efforts of Washington’s professional photojournalists. The National Press Photographers Association is a non-profit organization dedicated to the advancement of photojournalism in its creation, editing and distribution. NPPA’s almost 7,000 members include television and still photographers, editors, students and representatives of businesses that serve the photojournalism industry. Since its founding in 1946, the NPPA has vigorously promoted the constitutional rights of journalists as well as freedom of the press in all its forms, especially as it relates to photojournalism.
Posted in Handout Photo, Manipulated Image, National Press Photographers Association, News Photography, NPPA, photojournalism, Photoshop, WHNPA | 3 Comments »
October 22nd, 2012 by Joan Blazich and tagged Arrest, first amendment, free speech, journalism, journalist, national press photographers association, NPPA, NYPD, occupy wall street, photographers, photography, photojournalism, photojournalist, police, zuccotti park
Today the National Press Photographer’s Association (NPPA) announced that it was joining 5 elected officials and almost a dozen members of the press in a lawsuit against the New York Police Department (NYPD) and JP Morgan Chase. The lawsuit alleges that the City of New York, the MTA, the NYPD, Brookfield Properties, and JP Morgan Chase conspired to violate the First Amendment rights of press members who were arrested while covering the “Occupy Wall Street” protests. The amended complaint seeks both redress against police misconduct during these arrests and that a federal independent monitor be appointed to observe future NYPD incidents involving the press.
NPPA joins this lawsuit on behalf of its 7000 members, including Plaintiff Stephanie Keith. Recently awarded the Newswoman of the Year Award by the Newswoman’s Club of New York, Ms. Keith was arrested twice while covering the Occupy Wall Street protests. “I joined this lawsuit because as a working journalist I’ve been arrested, thrown to the ground, hit with batons and yelled at by the NYPD while doing my job on assignment” said Ms. Keith. “I have seen my fellow journalists being treated this way as well. Why should journalists be subjected to trauma inducing harassment on the job?”
Sean D. Elliot, President of NPPA, stated that NPPA joined the lawsuit so that “it can effectively address the continuing course of conduct by the NYPD against its members and others that has chilled our Constitutionally protected rights to gather and disseminate news.”
Other plaintiffs in this lawsuit were quick to praise NPPA for joining as a new party. “We are pleased and honored to have the NPPA join our efforts, and we look forward to working with them towards the goals of justice, accountability and freedom of expression,” said Sam Cohen, one of the attorneys at the helm of the case. Yetta Kurland, a civil rights attorney assisting with the case, remarked that “The NPPA and other members of the press play a vital role in getting the message of OWS out to the world. Arresting the press isn’t just an attempt by the City and JP Morgan Chase to suppress the press and freedom of speech and expression, but also to suppress the message of Occupy.”
Posted in Assault on Photographers, Attack Photographers, Commissioner Raymond Kelly, First Amendment, First Amendment rights, Lawsuit, National Press Photographers Association, News Photography, Newsgathering, NPPA, NYPD, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Police, Recording Police | 4 Comments »