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NPPA, Other Media Groups Submit Comments to FAA in Support of Exemptions for Use of sUAS

July 16th, 2014 by Mickey Osterreicher and tagged , , , , , , , , , , , , , , ,

Today the NPPA filed comments with the FAA in support of petitions from a number of aerial photo and video production companies seeking exemptions to commercially operate small unmanned aerial systems (sUAS – 55lbs or less) for motion picture and television industry use. The NPPA also joined in the analysis submitted as part of the News Media Coalition’s Comments in Support of Video-Production Companies’ Petitions to the FAA for Section 333 Exemption. That Media Coalition includes: Advance Publications, Inc.; A.H. Belo Corp.; The Associated Press; Gannett Co., Inc.; Getty Images (US), Inc.; Gray Television, Inc.; NBCUniversal, Inc.; The New York Times Company; Scripps Media, Inc.; Sinclair Broadcast Group, Inc.; and WP Company LLC (d/b/a The Washington Post), represented by Charles D. Tobin and Christie N. Waltz of the Washington, DC law firm Holland & Knight, LLP. The additional comments by NPPA were submitted to reflect the specific concerns of our members and were drafted by NPPA General Counsel Mickey H. Osterreicher and Advocacy Chair Alicia Wagner Calzada, who is also an  attorney with Haynes and Boone, LLP.

As noted, the NPPA has an acute interest in helping the FAA properly expedite the integration of sUAS into the National Airspace System (“NAS”).  We also support exemptions by the FAA that would permit journalists, and in particular visual journalists, to use sUAS for newsgathering purposes. The NPPA reviewed the voluntary and self-imposed “limitations and conditions” proposed in the production companies’ petitions. And while they may be acceptable to those groups, we urged the FAA to decline to adopt or extend them as prerequisites for future exemptions or as future standards in its rulemaking. The NPPA acknowledged that some of those limitations and conditions might be acceptable, but expressed our concerns about others that we deemed to be impractical and which would impose an undue burden on sUAS use for newsgathering.

The NPPA continues to assert that sUAS use for newsgathering is not a “commercial use” and we expect to see tangible benefits if the current exemption requests are granted. Specifically, we would hope that NPPA will also be allowed to “facilitate” exemption petitions on behalf our membership in a similar manner to what has been achieved by the Motion Picture Association of America.

The NPPA also referenced in its comments and filed a copy of our paper written in support of sUAS for use in newsgathering, which also included results from a study we conducted on that subject.

 

Posted in drone, Drones, FAA, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, rulemaking, small unmanned aerial systems, sUAS | No Comments »

NPPA Member Wins Major Victory Against Suffolk County Police Department

June 17th, 2014 by Wills Citty and tagged , , , , , , , , , , , , , , , , , , , , , ,

NPPA member Philip Datz today won a major settlement from the Suffolk County Police Department in a civil rights suit stemming from Datz’s arrest while filming law enforcement activity on a public street.   Under the terms of the settlement, Suffolk County agreed to pay Datz $200,000, implement a new training program (including a training video), and create a Police-Media Relations Committee.

The NPPA, attorneys from the law firm of Davis Wright Tremaine (DWT) and the NYCLU worked with Datz, a freelance videographer, to file a federal lawsuit after Suffolk County prosecutors dropped charges resulting from his 2011 arrest.  In July of 2011 Datz was filming police activity from a public sidewalk when Suffolk County Police Sergeant Michael Milton confronted him (VIDEO), demanding he leave the area immediately.  Datz was wearing his press credentials at the time and was standing near several other onlookers, who were not asked to leave.  Although no police lines had been established, Datz complied and then drove a block away. He was filming from there when Sergeant Milton came speeding up in his police cruiser, placed Datz under arrest for obstruction of governmental administration, and seized his camera and videotape.

Led by attorney Robert Balin, DWT filed suit on Datz’s behalf in 2012, claiming the unlawful arrest violated his First and Fourth Amendment rights as well as the Privacy Protection Act of 1980.  Rather than take the case to trial, SCPD agreed to the settlement payment, and a series of relief measures aimed at educating its officers on the rights of the public and press to observe and record police activity.  As part of these measures,  SCPD officers will now be annually required to watch a training video explaining these rights.  In addition, a newly created Police-Media Relations Committee consisting of representatives of SCPD and local media will be charged with promoting better relations between press and the police and will address complaints regarding police-media relations. Its membership will include a commanding officer in the SCPD, the executive officer of the SCPD’s Public Information Bureau, and members of local print and broadcast media outlets, as well as a freelance videographer or photographer. The SCPD also revised its rules to instruct officers that “members of the media cannot be restricted from entering and/or producing recorded media from areas that are open to the public, regardless of subject matter.”

“This settlement is a victory for the First Amendment and for the public good,” Datz said. “When police arrest journalists just for doing their job, it creates a chilling effect that jeopardizes everyone’s ability to stay informed about important news in their community. Journalists have a duty to cover what the police are doing, and the police should follow the law and respect the First Amendment to ensure they can do that.” Datz has also made a generous donation to the NPPA defense fund.

“We are delighted that Suffolk County has now joined other police departments, the U.S. Department of Justice and numerous courts across the country in recognizing that the public and press have a First Amendment right to photograph and record police officers performing their duties in a public place – a right that is essential to newsgathering and the free discussion of government affairs,” said Robert Balin. “This settlement is a huge victory not just for Phil Datz, but for all journalists and Suffolk County residents. The changes in policy and training agreed to by the County are major steps toward transforming the SCPD culture that led to this unfortunate incident. “The settlement is an encouraging sign in a climate where interference with and unlawful arrest of photographers has become commonplace.

“The National Press Photographers Association commends Suffolk County for working with Phil Datz and his counsel in order to turn a far too commonplace First Amendment violation into a constructive resolution of the case,” said Mickey H. Osterreicher, general counsel for the NPPA. “The real challenge now will be to ensure the ongoing training of SCPD officers in order for Suffolk County to be a positive role model for other law enforcement agencies. The NPPA is also extremely appreciative of the tenacious advocacy by Rob Balin, Alison Schary and Sam Bayard of the law firm of Davis Wright Tremaine who worked tirelessly on Phil’s behalf. And finally our thanks go to Phil Datz for not only having to endure the abridgment of his civil rights but for his willingness to stand up for his rights and the rights of others.”

The Suffolk County case is just the latest example of a lawsuit forcing local law enforcement to protect, rather than violate, the First Amendment. In March the Baltimore Police Department settled a case brought by the ACLU for a similar amount and also announced a new policy that prohibits officers from stopping people from taping or photographing police actions after officers destroyed a man’s personal, family videos because he taped a police incident, a case in which the U.S. Department of Justice filed a Statement of Interest affirming the right of both the public and the press to record police activities in public.

Also see: http://www.freedomtofilm.com/settlement.html  for additional info and links to documents including letter of discipline and Internal Affairs report.

 

Posted in Access, First Amendment, First Amendment rights, Legal, National Press Photographers Association, News Photography, NPPA, photographers, Photographers' Rights, photojournalism | 1 Comment »

NPPA Helps Create Newly Released Credentialing Report

June 5th, 2014 by Tyler Wilson and tagged , , , , , , , , , , , ,

The Digital Media Law Project at Harvard University’s Berkman Center for Internet & Society and the Journalist’s Resource project at Harvard’s Shorenstein Center on Media, Politics and Public Policy, in collaboration with a Media Credentialing Working Group composed of the National Press Photographers Association, the Digital Media Law Project, Journalist’s Resource, Free Press, the Investigative News Network, and the Nieman Journalism Lab have released a new report: Who Gets a Press Pass? Media Credentialing Practices in the United States.

Media credentials have long played a critical role in newsgathering in the United States, allowing journalists to gain special access to places and events denied to the general public. There are, however, many inconsistencies among regulatory standards for the issuance of credentials, and many circumstances where the decision of whether and how to issue credentials is left up to individual agencies with no regulatory guidance at all. Moreover, upheaval in the journalism industry has introduced new actors in the journalism ecosystem, complicating decisions by government agencies and private gatekeepers about who should be entitled to special access.

Who Gets a Press Pass? presents a first-of-its-kind analysis of this complex environment, exploring media credentialing practices in the United States through a nationwide survey of more than 1,300 newsgatherers.

“Media credentials represent one of the most important interactions between journalists and those who control access to events and information,” said Jeff Hermes, director of the Digital Media Law Project and an author of the report. “This study finds common threads that run through decisions by various types of organizations, as a starting point to make sense out of the vast array of credentialing practices in the United States.”

Survey respondents included a wide range of journalists across the country, from employed journalists at long-standing media organizations to independent bloggers and activists fulfilling the information needs of their communities.

“The findings here speak to the vital issue of ensuring that journalists of all kinds can bear witness to important events in our society,” said Shorenstein Center Director Alex S. Jones. “The ability of the press to operate freely, robustly and without interference is essential to an informed public. We must be vigilant in making sure that all organizations issuing press credentials exert the maximum effort to accommodate media members and enable the free flow of information.”

The survey asked about respondents’ experiences in seeking press credentials from federal, state, local, and private organizations from 2008 through 2013, revealing the following nationwide trends:

  • One out of every five journalists surveyed who applied for a credential was denied at least once by a credentialing organization in the past five years. Although there may be reasonable grounds for denial in some cases, the data suggest systemic issues at many levels.
  • Freelancers are more than twice as likely as employed journalists to be denied a credential at least once.
  • Those identifying themselves as photographers are almost twice as likely as others to be denied a credential at least once.
  • Those identifying themselves as activists are more than twice as likely as others to be denied a credential at least once.

“It is indeed unfortunate that photographers have been one of the groups singled out for denial by agencies issuing press credentials, but it also must be pointed out that one does not need a press credential to photograph and record in a public place. That said, widespread mistrust by police officers of the media (or anyone with a camera) continues to be reflected in the misguided belief that photography and recording in public places may be prohibited,” said NPPA general counsel Mickey H. Osterreicher, who helped formulate the survey.

It is the hope of the Working Group that this study will help newsgatherers to identify particular tensions in media credentialing practices and to work with credentialing agencies to resolve these tensions.

The report is available through the Digital Media Law Project’s website at http://www.dmlp.org/credentials and through the Journalist’s Resource website at http://journalistsresource.org/studies/society/news-media/who-gets-press-pass-credentialing.

Posted in Access, Cameras, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Press Credentials, Public Photography, Regulations limiting photography | No Comments »

Additional Comments Filed by NPPA and Other Groups Following Orphan Works Roundtables

May 27th, 2014 by Tyler Wilson and tagged , , , , , , , , , , ,

Additional comments were filed by the National Press Photographers Association (NPPA) on May 20, 2014 on the issue of Orphan Works and Mass Digitization, as a follow-up to roundtable discussions held by the U.S. Copyright Office in Washington, DC on March 10-11, 2014. (See: http://www.copyright.gov/orphan/transcript/0310LOC.pdf and http://www.copyright.gov/orphan/transcript/0311LOC.pdf for transcripts of day 1 and 2 of those discussions).

The filing by NPPA supplemented additional post-roundtable comments submitted by the Digital Medial Licensing Association (PACA) on behalf of the Professional Photographers of America (PPA), the American Photographic Artists, Inc. (APA), the American Society Of Media Photographers (AMSP), the Graphic Artists Guild (GAG) as well as NPPA) in response to a Notice of Inquiry issued by the U.S. Copyright Office in February,  2014. These most recently submitted comments expanded on initial comments (submitted by NPPA to the Register on January 24, 2013).

The comments primarily responded to discussions at the round table from stakeholders who think that orphan works legislation is no longer necessary given their increased reliance on the doctrine of fair use. It is the position of the NPPA that, while the doctrine of fair use can be used as an affirmative defense, it is certainly is not broadly available to allow the use of photos without permission, credit or compensation. “This one size fits all approach appears to be what is turning Title 17 law on its head with copyright now becoming the exception to fair use. Rather than conducting a proper balancing of the four fair use factors, a number of courts have made such ruling once they determine that a use is transformative. NPPA asserts that this type of analysis was never intended to be applied as the sole determinative element in making a fair use ruling in an individual copyright infringement case, let alone in one involving mass digitization of millions of works,” wrote NPPA general counsel Mickey H. Osterreicher and advocacy committee chair Alicia Wagner Calzada (who is also an attorney) in their jointly drafted comments.

The problem of social media websites automatically stripping out any and all identifying metadata when images are uploaded to their sites, thus creating instant orphans of contemporary work, is also “an issue that needs to be addressed more seriously and, once properly resolved, would help rectify most of the orphan works concerns expressed by users,” the NPPA comments concluded.

Posted in copyright, copyright infringement, National Press Photographers Association, NPPA, Orphan Works, photographers, photojournalism, U.S. Copyright Office | 3 Comments »

NPPA Joins 32 Other Organizations in Calling on FAA to Expedite Rulemaking for Unmanned Aircraft Systems

April 8th, 2014 by Mickey Osterreicher and tagged , , , , , , , , , , , ,

Today, the National Press Photographers Association (NPPA) joins the Association for Unmanned Vehicle Systems International (AUVSI), Academy of Model Aeronautics (AMA) and 30 other organizations in sending a letter to the Federal Aviation Administration (FAA) encouraging the agency to expedite the rulemaking process for unmanned aircraft systems (UAS) operations in the U.S. airspace. The letter also calls on the FAA to allow the limited use of small UAS for commercial purposes before the final rulemaking is completed.

While Congress authorized the integration of UAS in 2012 and the FAA has recently implemented key steps in the integration process, the rulemaking for small UAS has been delayed for almost four years. Last month’s FAA v. Pirker decision underscores the immediate need for a safety structure and regulatory framework for small UAS, according to the co-signees.

“The time for resolution has come, and we cannot afford any further delays. The technology is advancing faster than the regulations to govern it,” the letter states. “While the FAA has indicated its intention to appeal the Pirker decision to the full National Transportation Safety Board, we strongly encourage the FAA to simultaneously expedite its small UAS rulemaking and issue notice and public comment as soon as possible.”

In addition to NPPA, the co-signees include a broad array of organizations and industries, from agriculture to real estate to photography, that recognize the benefits of UAS in particular for newsgathering purposes.

In addition to expediting the UAS rulemaking, the organizations urged the FAA to use its congressional authority to allow some limited UAS operations right away.

“We recommend the FAA use all available means, including Section 333 of the FAA Modernization and Reform Act of 2012, to allow for some limited UAS operations, subject to the Secretary of Transportation’s safety determination, before the small UAS rule is finalized,” the letter states.

“The current regulatory void has left American entrepreneurs and others either sitting on the sidelines or operating in the absence of appropriate safety guidelines. The recreational community has proven that community-based safety programming is effective in managing this level of activity, and we highly encourage the FAA to allow similar programming to be used to allow the small UAS industry to establish appropriate standards for safe operation. Doing so will allow a portion of the promising commercial sector to begin operating safely and responsibly in the national airspace.”

According to AUVSI’s economic impact study, the integration of UAS will create more than 100,000 new jobs and $82 billion in economic impact in the first decade following integration. NPPA’s Executive Director Charles (Chip) Deale commended the groups’ effort to advocate for a regulatory framework.

“It is unfortunate that the FAA has taken so long to address this issue in a commonsense and expedited manner and we urge Administrator Huerta to include our organization and other stakeholders in its rulemaking process,” Deale said.

The letter co-signees include: Aerospace States Association, Air Traffic Controllers Association, Airborne Law Enforcement Association, Aircraft Owners and Pilots Association’ Airports Council International – North America, American Association of Airport Executives, American Institute of Aeronautics and Astronautics, American Society of Agronomy, American Soybean Association, Crop Science Society of America, Experimental Aircraft Association, General Aviation Manufactures Association, Helicopter Association International, International Society of Precision Agriculture, International Stability Operations Association, National Air Traffic Controllers Association, National Air Transportation Association, National Association of Realtors, National Association of State Aviation Officials, National Association of Wheat Growers, National Barley Growers Association, National Business Aviation Association, National Sheriffs’ Association, National Ski Areas Association, National Sunflower Association, North American Equipment Dealers Association, Radio Television Digital News Association, Realtors Land Institute, Soil Science Society of America and U.S. Canola Association

The full letter may be found at www.auvsi.org/AUVSI-AMA-Sign-On-Letter-To-FAA

Posted in Access, drone, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, UAS, Visual Journalists | 6 Comments »

NPPA Joins Coalition for Court Transparency

February 18th, 2014 by Mickey Osterreicher and tagged , , , , , , , , , , ,

WASHINGTON, D.C. – Today, the National Press Photographers Association (NPPA) announced that it had joined the Coalition for Court Transparency (CCT). Citing long lines outside the Supreme Court and the millions of Americans who are interested in, and affected by, the Court’s decisions but unable to see cases being argued, this new alliance of media and legal organizations from across the political spectrum today launched a television ad campaign calling on the justices to allow cameras to televise oral arguments.

The Coalition is taking the unprecedented step of using an ad campaign to draw attention to the lack of transparency in this powerful branch of government and to urge the Justices to change this outdated restriction.

“NPPA strongly believes in greater transparency at the U.S. Supreme Court.  Our support of the bipartisan coalition underscores our belief that the collective voice of CCT-member organizations ultimately can bring about the necessary changes in court policy,” said NPPA president Mark J. Dolan.

While Congress has debated bipartisan, bicameral bills intended to compel Supreme Court justices to allow cameras over the last 15 years, legal experts agree that the justices could simply decide today to allow cameras – and Monday’s cases regarding the Environment Protection Agency and its authority to address greenhouse gas pollution would be televised. In the past C-SPAN officials have stated that the station would broadcast all of the Supreme Court’s oral arguments if allowed.

Currently, to attend Supreme Court hearings, individuals must stand in line outside the building on First Street NE and wait to be ushered in. There are roughly 400 seats in the courtroom, so many people hoping to view the arguments are unable to, especially in cases that have broad public interest, such as the marriage equality, voting rights, and affirmative action cases last term and the campaign finance, recess appointments, and public prayer cases this term. For these types of cases, interested parties must often line up hours, if not days, in advance of the arguments and in some instances pay thousands of dollars to “line-standers” to hold their places for them.

In addition to NPPA, members of the Coalition for Court Transparency are: Alliance for Justice, American Society of News Editors, Constitutional Accountability Center, Liberty Coalition, National Association of Broadcasters, National Press Foundation, OpenTheGovernment.org, Radio Television Digital News Association, Reporters Committee for Freedom of the Press and Society for Professional Journalists.

“As one element in our democracy’s system of checks and balances, the U.S. Supreme Court is a vital institution that increasingly is growing in importance.  As such, NPPA believes that citizens have a right to view broadcasts of the court’s oral arguments and announcements of its opinions on cases,” said NPPA Executive Director Charles W. L. (“Chip”) Deale.

Despite the Supreme Court’s own reluctance on cameras, Americans have greater access to high-level judicial hearings elsewhere in the country. All 50 state supreme courts permit recording equipment to varying degrees, and on the federal level the Judicial Conference of the United States has placed cameras in 14 federal courts as part of a three-year, multi-district pilot program to study the effect of broadcasting federal court proceedings.

As the Voice of Visual Journalists since 1946, the NPPA has long advocated for cameras in the courtroom on the state and federal level as the lack of transparency erodes public confidence in the Court. Our general counsel, Mickey H. Osterreicher, has written extensively about the subject and we believe the first way for the public to learn about and understand U.S. Supreme Court decisions is for citizens to be able to watch and hear those cases being announced by and argued before the court.

The ad, a 30-second television spot titled “Everywhere,” will run nearly 300 times in the Washington, D.C., market on cable news outlets over the next few weeks.   The Coalition also announced today that through its website, OpenSCOTUS.com, concerned Americans can sign an online petition calling on Chief Justice John Roberts to allow cameras in the Court.

“Everywhere” script

“The Supreme Court’s decisions impact the lives of Americans everywhere. But only a privileged few get to witness history and see justice in action. Leading Republicans and Democrats and a large majority of Americans support a simple fix – putting cameras in the Supreme Court. State and federal courts allow cameras in the interest of transparency. Shouldn’t our nation’s top court do the same? It’s time for a more open judiciary. It’s time for cameras in the Supreme Court. Find out more and take action at OpenSCOTUS.com.”

To view the ad, visit OpenSCOTUS.com.

For more information contact Mickey H. Osterreicher at 716.983.7800 or lawyer@nppa.org

For more information about the Coalition for Court Transparency, please contact CCT spokesperson Gabe Roth at 202-464-6919 (office), 312-545-8556 (cell) or groth@skdknick.com.

URL: http://www.OpenSCOTUS.com

Twitter: http://twitter.com/OpenSCOTUS

Facebook: http://facebook.com/OpenSCOTUS

YouTube: http://www.youtube.com/user/openscotus

Change.org petition:​ https://www.change.org/petitions/chief-justice-john-roberts-it-s-time-for-cameras-in-the-supreme-court-3

Posted in Access, broadcasting, Cameras in the Courtroom, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, Open Government, photographers, photojournalism, SCOTUS, US Supreme Court, Visual Journalists | 67 Comments »

Photographers vs. NFL, AP & Getty: 2nd and 7

December 20th, 2013 by Mickey Osterreicher and tagged , , , ,

In October seven photographers filed a copyright infringement lawsuit against the NFL, Getty Images and the Associated Press. This week the defendants responded with a motion to dismiss. The plaintiffs are Paul Spinelli, Scott Boehm, George Newman Lowrance, David Stluka, Paul Jasienski, David Drapkin and Thomas E. Witte.  They claim, among other things, that if they wished to continue licensing their NFL images for commercial uses, “they were forced to transition their NFL content from Getty Images to AP who had the contract with the NFL.” In turn, the complaint alleged that “Getty Images threatened to remove Plaintiffs’ other sports content from its distribution networks and/or terminate its relationship with Plaintiffs entirely if they did not agree to continue licensing their NFL content through Getty Images even after the expiration of its commercial licensing deal with the NFL.” The complaint stated ”Getty Images also made clear that it would not ‘welcome back’ any contributors who moved their NFL content to AP should Getty Images ever regain the exclusive rights to license NFL content in the future.” 

The photographers also viewed Getty’s threats as “a blatant attempt to leverage its exclusive licensing agreement with MLB and other sports entities in order to force Plaintiffs to leave their NFL content with Getty Images” and ”Because certain Plaintiffs had significant non-NFL content at Getty Images, including significant MLB photo collections, Getty Images’ position forced Plaintiffs to make an impossible choice between losing commercial licensing opportunities for their NFL content by not going to AP or giving up commercial licensing opportunities for their non-NFL content by leaving Getty Images.”

In its motion to dismiss the NFL claimed that the use of the photos “was fully within the scope of” its licensing agreements the AP  and Getty. AP claims in its motion to dismiss the lawsuit that the contracts it made with the photographers “licensed AP to make the uses of plaintiffs’ photographs” and also “authorized AP to issue sublicenses” to the NFL and others. In its motion, Getty also sought to dismiss the case and to “compel arbitration or in the alternative to stay the action.” Getty claims that its agreement with the photographers requires that they “arbitrate their disputes” and that the case should be put on hold “pending final resolution of the arbitration” in the event that the court does not grant the motion to dismiss.

Read the filed complaint here.

Posted in AP, copyright, copyright infringement, Getty Images, Motion to Dismiss, NFL, Photographers' Rights | 43 Comments »

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