Media Credentials

With more and more media outlets utilizing the Internet “sports coverage is becoming increasingly complicated with restrictive credentialing provisions at all levels of sports” (Seidenberg, 2009).  Both professional and college sports have begun to place restrictions on press credentialing.  “The leagues are often asking those who cover them to agree to give up valid copyrights of their own products in exchange for covering an event” (Seidenberg, 2009).  How does this affect the First Amendment?  “No First Amendment right exists to have access to a stadium or other event venue” (Seidenberg, 2009).  The actual sport itself is not copyrighted because “it is an unscripted even happening in real time” (Seidenberg, 2009).  The moment the copyright exists occurs when a person “captures an image or sound.  The copyright is owned by the person who does that, not by the league” (Seidenberg, 2009).   

Professional sports and college sports have begun to impose strict limits regarding coverage of games on the Internet.  An interesting case NBA v Motorola, Inc., involved an online gambling company using pagers to relay information regarding NBA statistics, to be used for gambling and fantasy sports leagues.  The NBA won the initial case; however Motorola won in the Second Circuit Court of Appeals. They affirmed, “that no underlying script exists in a game and that the information at issue was public and did not involve misappropriation of any broadcast video or audio or the interception of NBA data” (Seidenberg, 2009). 

“Leagues are maintaining that they own the copyright photographs and video that someone else took at games because these are league events” (Seidenberg, 2009).  When media photo or video is taken at a league game, it is done so because the league has issued a license to cover the game.  Some of the stipulations in the licensing require the journalist to wear the logo of the teams sponsor.  The media photo and video can only be used for editorial purposes.  In some cases the media is denied these credentials.  UFC’s Dana White denied two reporters (one from ESPN and the other from CBSSports.com) press credentials and access to the UFC events because he “didn’t consider their writing worthy of his company’s PR file” (Wagenheim, 2011).  These two journalists were reporting the news and White essentially denied both of them press credentials because their articles in the past had not been favorable in the eyes of Dana White.

White is not alone in his feelings to eliminate reporters from writing non-favorable articles.  Mark Cuban of the Dallas Mavericks blogged “proposing the banishment of Internet writiers from NBA locker rooms” (Wagenheim, 2011).  The difference between Cuban and White is that David Stern the commissioner for the NBA would never allow this.  Whereas White is essentially the commissioner for UFC so he can do whatever he wants.

Does this seem unfair to journalist?  Of course it does. But, “there is a relative lack of case law on this subject” (Kirby, 2001).  Some of the media outlets who have challenged this subject include arguments that involve “First Amendment, antitrust, intellectual property and contract law” (Kirby, 2001).  This will continue to be a struggle between the media and the sporting leagues for years to come.  Unless the media outlets ban together collectively, this will always be an issue. But until then, we can always rely on Twitter for our up to date online sports information.  It will be interesting to see if the leagues will go after copyright issues on Twitter.

(Kirby, 2001)

Kirby, K. (2001, October). When sports team restrict access. Retrieved from http://www.rtdna.org/pages/media_items/when-sports-team-restrict-access180.php

(Seidenberg, 2009)

Seidenberg, J. (2009, September 09). Legal issues affecting online coverage of sports. Retrieved from http://suite101.com/article/legal-issues-affecting-online-coverage-of-sports-a149496

Wagenheim, J. (2011, April 13). Strikeforce's move into the bigs includes bush-league writer ban. Retrieved from http://sportsillustrated.cnn.com/2011/writers/jeff_wagenheim/04/13/credentials/index.html

Sports Labor Unions

Labor unions were typically created because unfair conditions existed in the workplace.  According to Investopedia, in sports, “non-unionized players were treated as pieces of property that had no rights to pensions, healthcare benefits or even lunch money for road games.”  This all changed when  “a few brave players to stood up to the owners and demanded a fair share of the revenues that their top-talent provided” (Investopedia, 2011).

“Just prior to the formation of the National Hockey League Players Association in 1967,” the average salary of a hockey player in the NHL was approximately $10,000 to $15,000.  This did not include healthcare of a pension plan. “It was also common for pre-union NHLers to work summer jobs to support their families.”  If a player missed a game because of an injury, he was not paid.  He also incurred large medical bills because he did not have healthcare(Investopedia, 2011).

In the early 1950’s Red Wing Player Ted Lindsay began to rally players together to form a union.  In order to stop the union from forming the Red Wings traded Lindsay to Chicago where he was less influential. Finally, in 1967 the players were successful in uniting enough players to form the NHLPA.  They were influential enough to convince the owners to recognize their demands and not punish players for being a part of the union(Investopedia, 2011).

It took pioneers such as Ted Lindsay who “fought powerful millionaires and risked their professional careers to ensure that future players in these leagues would be well compensated and cared for beyond their playing careers.” With players negotiating hundred million dollar contracts, the “founding fathers of these unions have gotten more than they ever hoped for”(Investopedia, 2011). 

(Dobel, 2011)

Dobel. (2011, July 23). Point of the game. Retrieved from http://www.google.com/search?client=safari&rls=en&q=unions in sport&ie=UTF-8&oe=UTF-8

(Investopedia, 2011)

Investopedia. (2011, July 05). The rise of labor unions in pro sports. Retrieved from http://www.investopedia.com/financial-edge/0711/The-Rise-Of-Labor-Unions-In-Pro-Sports.aspx

Copyright Infringement In Sports

In our technology driven society, it is pretty safe to say that most people who own a computer or a smartphone, are a member of some sort of social media network.  The two most prevalent networks are Facebook and Twitter with Pintrest not to far behind.  Anyone who has an account on either one of these sites usually posts pictures to be shared with their “friends,” “followers” or fellow Pintrest followers.  I just happen to be a member of all three social networking sites.

I have on several occasions posted pictures of my favorite sports teams and players.  I never really considered that there might be copyright infringement issues with my photos as well as the photos that many of my friends post as well.  For example, if I attend a baseball game and take a picture of my team and post it to Pinterest, I own the rights to that particular photo.  But, if one of my followers copies my photo and pins it to their board or posts it on Facebook or Twitter, they have in essence stolen my property and there are committing copyright infringement.  According to an article written my Meredith Yoeman, “the chance of someone actually being sued for copyright infringement is slim because most people want their product pinned. After all, it is free advertising and promotion.”

But copyright infringement is a serious issue.  In 2011, the owner of the website HDHOCKY.TV was indicted for copyright infringement.  According to the Department of Justice, the website was selling “DVDs containing recordings of copyrighted television broadcasts of hockey games and other copyrighted works such as team and player profiles, from the National Hockey League (NHL) and other professional hockey leagues.”  The website did not have permission from any league to reproduce or distribute these recordings. 

Another issue affecting the Sporting Industry is the sale of counterfeit merchandise.  Anti-Piracy agents seized $6.2 Million worth of sports merchandise.  The seizure was a part of a nationwide effort called “Operation Fake Sweep.”  Officials targeted stores, flea markets, street vendors and websites selling counterfeit sports merchandise.  One man arrested for copyright infringement operated 16 websites that would stream live pay-per-view sporting events.  After reading these articles about copyright infringement indictments, a person may think twice about posting a picture of their favorite sports team.