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.

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.

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 sunshineweek@asne.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/.

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.

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.”

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:

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.