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 »
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 | 1 Comment »
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 »
October 22nd, 2012 by Joan Blazich and tagged copyright, copyright small claims, journalism, journalist, law, Legal, Mickey Osterreicher, national press photographers association, NPPA, photographers, photography, photojournalism, photojournalist, u.s. copyright office, Visual Journalists
The National Press Photographer’s Association (NPPA) has, at the request of the Copyright Office, submitted comments concerning the creation of a copyright small claims court system. These comments constitute the second round of commentary requested by the Copyright Office over the possibility of instituting a small claims copyright court system.
These official comments, written by NPPA attorneys Mickey Osterreicher and Alicia Calzada, with a significant contribution by board member Greg Smith and NPPA intern Joan Blazich, discusses the issues currently facing photojournalists regarding copyright and presents potential solutions for creating a court system that would permit an efficient and cost-effective method of addressing copyright small claims.
“While much of the advocacy by NPPA deals with access issues and the right to photograph and record in public; it cannot be understated that without the ability to affordably protect one’s copyright visual journalists will soon be out of business,” Osterreicher said. “That is why it is so important that the Copyright Office support a new initiative that will address this critical issue,” he added.
The Copyright Office will hold public hearings on these issues in New York City on November 15-16, 2012 and in Los Angeles on November 26-27, 2012. It is holding these discussions to learn more about the topics listed in its August 23, 2012 Notice of Inquiry and the comments submitted in response to that Notice, as well as the comments in response to the initial October 27, 2012 Notice of Inquiry.
The New York City hearings will be held at the Jerome Greene Annex of Columbia Law School, 410 West 117th Street, New York, New York 10027. The November 15 hearing will take place from 9:30 a.m. to 5:30 p.m. and the November 16 hearing will take place from 9:30 a.m. to 3:30 p.m.
The Los Angeles hearings will be held in Room 1314 of the UCLA School of Law, 405 Hilgard Avenue, Los Angeles, California 90095. The November 26 hearing will take place from 9:30 a.m. to 5:30 p.m. and the November 27 hearing will take place from 9:30 a.m. to 3:30 p.m.
NPPA attorneys Osterreicher and Calzada plan to participate in those meetings to advocate for NPPA’s proposals. As many photojournalists face situations involving copyright claims that amount to a limited amount of damages, the NPPA strongly supports the creation of a copyright small claims court system by the Copyright Office that would permit photojournalists to resolve such claims in an expedited and cost effective manner.
Read NPPA’s comments here:
Posted in copyright, Copyright Small Claims, National Press Photographers Association, NPPA, photographers, Photographers' Rights, photojournalism, U.S. Copyright Office | 2 Comments »
October 15th, 2012 by Joan Blazich and tagged Access, Arrest, Atlanta, first amendment, free speech, journalism, journalist, Legal, Mickey Osterreicher, national press photographers association, NPPA, photographers, photography, photojournalism, photojournalist, police, Student journalists
Charges against two student journalists arrested while covering the Occupy Atlanta protests last year have finally been dropped. College journalists Alisen Redmond of The Sentinel at Kennesaw State University and Judith Kim of The Signal at Georgia State University were arrested by police on November 5, 2011 on charges of “obstruction of traffic,” even though both women were standing with a group of other media reporters on a street that police had already closed to traffic.
Atlanta Mayor Kasim Reed announced the decision to drop the charges on October 13 during a conference held by the National Association of Hispanic Journalists. When asked why he had failed to address the matter sooner, Reed responded that “he had not heard anything about it in the press or from his assistants.” Upon learning that the charges had been dropped, NPPA General Counsel Mickey H. Osterreicher said, “we applaud the city’s actions and hope this incident will serve as an example to others that it is never too late to make sure that justice is served.”
Osterreicher had sent Mayor Reed a letter on October 1 asking him to dismiss the charges against the students. Among other things, the letter, written on behalf of The American Society of News Editors, The Reporters Committee for Freedom of the Press, The Atlanta Press Club, Cable News Network, Inc., The American Society of Media Photographers and The Student Press Law Center, urged Mayor Reed to “use your good offices to help seek an immediate dismissal of these charges in the interest of justice.”
An even earlier letter from The Student Press Law Center’s Executive Director Frank LoMonte was sent on November 7, 2011. In that letter LoMonte asked Mayor Reed to “immediately initiate an investigation into the circumstances of these student journalists’ arrests, and that you instruct the Police Department to withdraw all charges against the students and against any journalist whose ‘crime’ consists of standing on public property non-disruptively gathering news.”
NPPA has repeatedly pointed out to numerous groups and law enforcement agencies that actions by officers to interfere with and detain those engaged in Constitutionally protected activity under color of law is wrong. The NPPA has also strongly objected to journalists being harassed, intimidated and arrested while covering news stories because they were not considered to be “properly credentialed” by the police.
Posted in Assault on Photographers, Attack Photographers, detained, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Police, Recording Police, Student, students | 1 Comment »
October 1st, 2012 by Joan Blazich and tagged Access, Mickey H. Osterreicher, national press photographers association, photographers, photojournalism
The National Press Photographer’s Association (NPPA) along with 13 other media organizations sent a letter to the New York Police Department (NYPD) Commissioner Raymond W. Kelly today requesting another meeting to discuss recent police incidents involving journalists in New York City. Joining in the letter were: The New York Times, The New York Daily News, the Associated Press, Thomson Reuters, Dow Jones, the New York Press Club, the New York Newspaper Publishers Association, the New York Press Photographers Association, the American Society of Media Photographers, the Reporters Committee for Freedom of the Press, the Radio Television Digital News Association, the Society of Professional Journalists and the Committee to Protect Journalists.
The first incident desribed in the letter involved the arrest of New York Times photographer Robert Stolarik on August 4, 2012, in the Bronx. Stolarik was interfered with and arrested for taking pictures of an arrest which was being conducted as part of New York City’s controversial ”stop and frisk” program. Throught the efforts of NPPA general counsel Mickey Osterreicher and New York Times deputy general counsel George Freeman, Stolarik was able to recover his equipment a week later and his credentials on August 23, 2012. Although Stolarik filed a complaint with the NYPD Internal Affairs Bureau immediately after his release the report of that investigation has not been released.
“We are also deeply concerned because his arrest appears to be in direct contravention of a 6/2/77 Stipulation and Order in the U.S. District Court for the Southern District of New York in the matter of Black v. Codd, which was incorporated verbatim into the NYPD Patrol Guide in 2000 at PG 208-03 under the heading “Observers at the Scene of Police Incidents,” Osterreicher wrote in his letter to the NYPD.
Also of concern to the group was the treatment of journalists on September 17, 2012, when members of the NYPD “interfered with, assaulted, detained and in some cases arrested members of the media who were on a public street covering the anniversary of the Occupy Wall Street protests.” Media members reported that officers told them that they were not allowed to use their cameras in a public area before using batons to force them from the area. Another group of journalists present were threatened with arrest if they failed to leave the area, even though the same police officers were permitting members of the public to pass through the same area.
“It is our strongly asserted position that while the press may not have a greater right of access than the public, they have no less right either,” Osterreicher wrote. “We strongly object to any journalists being harassed, intimidated and arrested when clearly displaying press identification solely because they were not considered to be ‘properly credentialed’ by the police,” he added.
The letter concluded by stating, “given these ongoing issues and incidents we believe that more is needed in order to improve police-press relations and to clarify the ability of credentialed and non-credentialed journalists to photograph and record on public streets without fear of intimidation and arrest. Therefore, we urge you meet with us once again so that we may help devise a better system of education and training for department members starting from the top down.”
Posted in Access, Assault on Photographers, Attack Photographers, Commissioner Raymond Kelly, First Amendment, First Amendment rights, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, NY Daily News, NYPD, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Police, Press Credentials, Recording, Recording Police, Robert Stolarik | 2 Comments »