Wisconsin Interscholastic, et al v. Gannett Company, Incorporated, et al

Filing 26

Original record on appeal filed electronically. Contents of record : 20 vol. of pleadings. [26] [6274573] [10-2627]

Wisconsin Interscholastic, et al v. Gannett Company, Incorporated, et al

Doc. 26 Att. 11

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN WISCONSIN INTERSCHOLASTIC ATHLETIC ASSOCIATION, AMERICAN-HIFI, INC., Plaintiffs, v. GANNETT CO., INC. and WISCONSIN NEWSPAPER ASSOCIATION, INC., Defendants. STIPULATION OF BACKGROUND FACTS Now come Plaintiffs Wisconsin Interscholastic Athletic Association and American-HIFI Inc. and Defendants Gannett Co., Inc. and the Wisconsin Newspaper Association, Inc., by and through their undersigned counsel, hereby stipulate and agree as follows: 1. Plaintiff Wisconsin Interscholastic Athletic Association (the "WIAA") is a Case No. 09-CV-155

voluntary, unincorporated and nonprofit organization with its principal place of business at 5516 Vern Homes Drive, Stevens Point, Wisconsin 54482. 2. WIAA organizes, develops, directs and controls high school interscholastic

athletic programs and sponsors tournament series in WIAA recognized sports. All Wisconsin public high schools, excepting only some public virtual and charter schools, are WIAA members. Other WIAA members include private high schools, public and private middle schools, and specialty schools. 3. Plaintiff American-HIFI, Inc. d/b/a When We Were Young Productions

("WWWY") is a Wisconsin corporation with its principal place of business at 501 Moravian Valley Road, Waunakee, Wisconsin 53597.

Dockets.Justia.com

4. streaming. 5.

WWWY engages in the business of video productions, including Internet

Defendant Wisconsin Newspaper Association, Inc. ("WNA") is a non-stock

Wisconsin association of Wisconsin daily, weekly, and bi-weekly newspapers with a principal place of business at 1901 Fish Hatchery Road, P.O. Box 259837, Madison, Wisconsin 537259837. 6. 7. As of January 1, 2010, WNA has 230 newspaper members. Defendant Gannett Corporation, Inc. ("Gannett") is a Delaware corporation that

publishes newspapers across the United States, including 10 daily newspapers in Wisconsin and approximately 19 non-daily newspapers. Gannett's daily Wisconsin publications are: The Post-Crescent (Appleton) The Reporter (Fond du Lac) Herald Times Reporter (Manitowoc) Oshkosh Northwestern Green Bay Press-Gazette 8. The Sheboygan Press Wausau Daily Herald Stevens Point Journal Daily Tribune (Wisconsin Rapids) Marshfield News-Herald

WIAA regulates both regular season games and post-season tournaments,

however, WIAA only sponsors post-season tournament series competition. WIAA's media policies, as defined and described below and which are the focus of the parties' dispute, apply only to post-season competitions. For all sports except football, the post-season competitions consist of regionals, sectionals and finals in various divisions. For football, post-season competitions consist of five levels of play, Levels I-V, in each of 7 football divisions (resulting in 7 football champions, one for each division). 9. WIAA publishes a Media Policies Reference Guide for each academic year. A

copy of the 2008-2009 Media Policies Reference Guide in effect at the time of the Internet streaming which prompted the current dispute is attached as Exhibit A. A copy of the current Media Policies Reference Guide, for the 2009-2010 academic year, is attached as Exhibit B. 2

10.

The Media Policies Reference Guides make reference to several of WIAA's

exclusive contract partners. A copy of WIAA's contract with Visual Image Photography, Inc. ("VIP") is attached as Exhibit C. The contract grants VIP certain exclusive photography rights for a five-year period from October 1, 2008 to September 30, 2013. 11. A copy of WIAA's contract with WWWY is attached as Exhibit D. The contract

grants WWWY certain exclusive production, sale and distribution rights, including exclusive rights to Internet stream all WIAA Tournament events with the following exceptions: Football State Finals, Boys and Girls Basketball State Tournament, and Boys and Girls Hockey State Finals. The term of the contract is ten years, through May 19, 2015. 12. A copy of WIAA's contract with WKOW Television, Inc., WAOW-WYOW

Television, Inc. and WXOW-WQOW Television, Inc. (collectively, the "WIAA State Network") is attached as Exhibit E. The contract grants the WIAA State Network exclusive rights to all live telecasts (including via Internet streaming) of Girls and Boys State Championship Hockey and Basketball Finals. The term of the contract is from July 1, 2004 through June 30, 2010. 13. A copy of WIAA's contract with Fox Sports Net North, LLC ("FSNN") is

attached as Exhibit F. The contract grants FSNN exclusive telecast rights, including via Internet streaming, for all 7 Football Championship games. The contract term runs from August 1, 2007 through July 31, 2010. 14. WIAA publishes an Annual Yearbook. A copy of WIAA's 86th Annual

Yearbook (2008-2009) which is still in the production process, will be filed as Exhibit G when it becomes available.

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GODFREY & KAHN, S.C.

MAWICKE & GOISMAN, S.C.

By: s/Monica Santa Maria Robert J. Dreps [e-mail] Monica Santa Maria [e-mail] 1 East Main Street, Suite 500 Madison, WI 53703 Tel: [phone] Fax: [phone] Attorneys for Defendants, Gannett Co., Inc. and Wisconsin Newspaper Association, Inc.

By: s/Jennifer S. Walther Jennifer S. Walther [e-mail] J. Nels Bjorkquist [e-mail] 1509 North Prospect Avenue Milwaukee, WI 53202 Tel: [phone] Fax: [phone] PERKINS COIE, LLP John S. Skilton [e-mail] Jeff J. Bowen [e-mail] Autumn N. Nero [e-mail] 1 East Main Street, Suite 201 Madison, WI 53703 Telephone: [phone] Facsimile: [phone] ANDERSON, O'BRIEN, BERTZ, SKERENE & GOLLA Gerald O'Brien [e-mail] 1257 Main Street P.O. Box 228 Stevens Point, WI 54481-0228 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Wisconsin Interscholastic Athletic Association

4515973_1

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EXHIBIT A
(2008-2009 Media Policies Reference Guide)

EXHIBIT B
(2009-2010 Media Policies Reference Guide)

updated 12/17/09 9 a.m.

2009-10 Media Policies Reference Guide

All photos courtesy of VIP

Wisconsin Interscholastic Athletic Association

Introduction .......................................................................................................................................................... 1 General Policies .................................................................................................................................................... 1 Credentials ............................................................................................................................................................ 1 Requesting Credentials ................................................................................................................................... 2 Credential Provisions ...................................................................................................................................... 3 Credential Pick-up .......................................................................................................................................... 3 Credential Maximum Request Limits............................................................................................................. 4 Credential Request Deadlines ......................................................................................................................... 5 Member School Photo Credentials ....................................................................................................................... 5 Parking Permit Ordering Policies ......................................................................................................................... 6 Communications Lines ......................................................................................................................................... 6 Photography Provisions ........................................................................................................................................ 6 Photography Locations ................................................................................................................................... 7 Post-Game Interview Policies .............................................................................................................................. 8 Tournament Transmission Policies ..................................................................................................................... 10 Terms and Regulations.................................................................................................................................. 11 Comprehensive Transmission Policies ......................................................................................................... 12 Video Transmissions ..................................................................................................................................... 12 Audio Transmissions .................................................................................................................................... 13 Text Transmissions ....................................................................................................................................... 14 Applying for Regional and Sectional Transmission Rights.......................................................................... 14 Video ................................................................................................................................................... 14 Audio .................................................................................................................................................. 15 Text ..................................................................................................................................................... 15 Advertising ......................................................................................................................................................... 16 Transmission Rights & Fees ............................................................................................................................... 17 Application for Audio Transmission of WIAA Tournament Games .................................................................. 18 Radio High School Sports Directory .................................................................................................................. 19 Television High School Sports Directory ........................................................................................................... 28 Newspaper High School Sports Directory.......................................................................................................... 30

Table of Contents

Name, Position Dave Anderson, Executive Director Wade Labecki, Deputy Director Debra Hauser, Associate Director Todd Clark, Director of Communications Tom Shafranski, Assistant Director Marcy Thurwachter, Assistant Director Joan Gralla, House Manager

WIAA Administrative Staff
Extension Ext. 314 Ext. 306 Ext. 319 Ext. 320 Ext. 310 Ext. 311 Ext. 302

email: [e-mail]

WISCONSIN INTERSCHOLASTIC ATHLETIC ASSOCIATION 5516 Vern Holmes Drive, Stevens Point, WI 54482-8833 Telephone [phone] ­ FAX [phone] Web site: http://www.wiaawi.org

Email Address [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Web Portal: http://www.wiaa.tv

The WIAA Media Policies Reference Guide is produced to inform statewide media of WIAA policies in effect for all levels of State Tournament Series competition and assist members of the media in providing comprehensive coverage to their communities. All members of the media are responsible for reviewing the policies included in this reference guide. Policies contained in this guide refers to television, radio, print and internet media. These policies are not extended to regular-season interscholastic competition, but are effective at the start of post-season WIAA Tournament Series competition. For more information, please contact us at: Todd Clark, Director of Communications Wisconsin Interscholastic Athletic Association 5516 Vern Holmes Dr. Stevens Point, WI 54482-8833 [phone]/fax [phone] email: [e-mail] Joan Gralla, House Manager Wisconsin Interscholastic Athletic Association 5516 Vern Holmes Dr. Stevens Point, WI 54482-8833 [phone]/fax [phone] email: [e-mail]

Introduction

The WIAA acknowledges the responsibilities of legitimate news gathering media representatives in covering and reporting from WIAA-sponsored tournaments. We recognize the interest and promotion generated by media coverage and the recognition given to the achievements of school teams and student-athletes. Therefore, the WIAA has established regulations and guidelines to assist media with the requesting/issuing of working media credentials, the use of equipment by news gathering media and WIAA property rights for State Tournament Series competitions. Any non-editorial, commercial or other unauthorized use of any transmission, internet stream, photo, image, film, videotape, audio tape, any play-by-play depiction or description of any competition and/or game action and/or any non-editorial or commercial use of any team school name or logo, is prohibited without written consent of the WIAA.

General Policies

Media credentials and accommodations for regional, sectional and State Tournament competitions are not transferable or for sale or resale under any circumstance. Requests for credentials must be made in accordance with WIAA policies through a legitimate newspaper, radio/TV station, magazine, Internet site or other recognized news-gathering organizations as determined by the WIAA. Credentials are reserved for adult members of the media only. The WIAA reserves the right to request company letterhead when determined necessary to verify credential requests. Media requesting credentials to WIAA State Tournament events must submit a completed Credential Request Form. An on-line submittable form is located on the restricted area of the WIAA Media Center Web site. Please submit the form by the published deadlines (see page 5). The WIAA retains the right and sole discretion to confiscate and deny future credentials to any media organization or individual not adhering to WIAA policies or failure to pay rights fees stated in this manual. Credentials are issued by the WIAA to media organizations to provide access for an individual or individuals who have a legitimate working relationship with an accredited media organization (as determined by the WIAA) in connection with the event for which the credential is issued. By requesting and accepting the use of a WIAA credential, the media organization, its personnel and agents, together agree the bearer of the credential is performing a legitimate working function in attending the event. The credential is for use only in connection with the bearer's news and editorial coverage of the event.
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Media Credentials

Requests for media credentials will be accepted and issued to members of the media and media organizations based on the following conditions:

Requesting Credentials

1. Credentials for all regional and sectional levels of the Tournament Series will be issued by the tournament manager at the school hosting the event. All media are required to contact the host school athletic director or host tournament manager in advance of the event to make arrangements for credentials. Failure to contact host managers/athletic directors in advance may result in denied media privileges at tournament events. 2. Credential requests for State Tournaments must be submitted on a completed Credential Request Form. An on-line submittable form is located on the restricted area of the WIAA Media Center Web site. Please submit the form by the published deadlines (see page 5). Email requests may also be accepted; however, any information or request not provided in an email that pertains to credential requests and accommodations as noted on the "Credential Request Form" will not receive consideration.

5. Verification of approved media credential requests will be posted on the restricted area of the WIAA Media Center Web site the morning of the credential request deadline date. 6. Any substitutions of approved credentials must be done by sports directors or editors contacting the WIAA prior to arriving at the State venue at [phone].

4. Requests must be received in the WIAA office no later than noon two days before the start of the respective State Tournament event (see "Credential Request Deadlines" section). REQUESTS RECEIVED AFTER DEADLINES WILL NOT BE CONSIDERED. In addition, no credentials will be issued to media that arrive at State Tournament venues without having verification by the WIAA of a credential request made by the prescribed deadline.

3. No credential requests or accommodations will be approved for persons not employed on staff or as freelance by contract of a recognized media organization. Credentials SHOULD NOT be requested for and will not be granted to coaches, former coaches, family, friends or family of participants not employed by the requesting media organization.

9. To be considered for a WIAA media credential, Internet organizations must be determined to be a legitimate news-gathering organization and meet the following criteria established by the WIAA:

8. Permission for cable operators, newspapers, radio stations, television stations or Internet sites in relation to videotaping or airing Tournament Series events must be done by contacting When We Were Young Productions [phone]. Credentials will not be granted to media not receiving clearance from the WIAA through WWWY Productions.

7. The WIAA reserves the right and sole discretion to revoke current and deny future credentials to any media organization in violation of any WIAA media policies, failure to pay rights fees or any other provisions of credentials. Media organizations that violate credential policies are subject to legal liability, as well as all costs incurred in enforcing the terms of these policies, including but not limited to reasonable attorney fees.

10. Internet sites may be required to submit their Internet address (URL) and certifiable traffic numbers to the WIAA prior to approval of credential requests.
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A. High school sports content on the site is available without restrictions or subscriber/user fees. B. The site has demonstrated a history and reputation for covering high school sports on a timely basis. C. Content on the site is original, objective, news-gathering in nature and has editorial oversight. Content must be updated on a daily basis in the form of stories, game stories and updates, comprehensive scores, standings, statistics or streaming (photos; recruitment content; rankings; and forums do not, in and of themselves, meet criteria for credentials). D. Site is not a personal page or content and demographic audience is not a fan-based site of one school or a small number of schools. E. Sites with content, forums or advertising (see "Advertising" section on page 16) not in compliance with the mission or media policies of WIAA, or associated with any promotion or link to material deemed inappropriate as determined by the WIAA, will not be granted credentials.

1. The WIAA authorizes the number of credentials issued to any media organization. The WIAA media credential is issued to members of legitimate media outlets and/or Internet sites that have a professional working function (as determined by the WIAA) at WIAA State Tournament venues and events. The credential provides access to specified locations, venues and events for which the credential was issued. At certain tournaments, some areas may be restricted for radio, television, news print, Internet sites and photographers. 3. The transfer, sale or resale of credentials is prohibited and will result in immediate confiscation of credential and/or possible denial of future credentials to individual perpetrators or their affiliated media organization as determined by the WIAA. 2. Credentials must be worn and displayed at all times while at the tournament venue for which the credential is issued.

Credential Provisions

5. Children, spouses and friends of media that are not officially employed by a media outlet are not permitted in media areas during or immediately following contests.

4. The media work areas are available for professional working members of the media. Cheerleading in press boxes and media seating is unprofessional and will not be tolerated. Violators will have their media credentials revoked and be escorted out of the media area or press box by WIAA or security personnel.

7. A media credential does not allow access to team or participant locker rooms before, during or after any State Tournament competition. Coaches and participants may be available for interviews directly outside the locker rooms.

6. Any member of the media believed to be intoxicated, under the influence of mood-altering substances or acting in an unprofessional manner as determined by WIAA personnel will have their media credentials revoked and be escorted out of the media area with possible denial of future credentials to individual perpetrators and/or their affiliated media organization as determined by the WIAA.

All approved credentials can be picked up at the tournament venues. No credentials will be mailed prior to the tournaments. A photo ID may be required to claim passes at certain State Tournament venues. Please be prepared to show photo ID to receive all State media credentials.

Credential Pick-up

Approved credentials will be placed in individual envelopes identified with each bearer's name. Credentials will be made available for pick-up at State venues approximately 1 hour, 30 minutes prior to the start of each day's competition.

For events at the Kohl Center (individual wrestling, boys basketball and girls basketball), credentials will be available at the Media Entrance located on the northeast corner of the facility. For events at Camp Randall Stadium (football), credentials can be picked up at the "Will-Call" window on Breese Terrace (west side of stadium). For events at the UW Field House (team wrestling), credentials will be available at the Gate C entrance. Locations for credential pick-up may change. Any changes in credential pick-up locations will be included in State preview releases.

Credential pick-up at other State venues will be located at the designated "Will-Call" window. The "Will-Call" window at the Alliant Energy Center for State hockey is located at the east side ticket windows. Credential pick-up at other State Tournament venues are conveniently located at media entrances to restricted media areas.
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Television (not play-by-play): For TV stations covering the State Tournament for newscast purposes and not live broadcast, a maximum of two (2) credentials will be issued. An exception of three (3) credentials for TV stations located in the tournament host community will be permitted. Also see "Television/Cable Broadcast Policies." Cable Access: Access for local cable access channels covering the State Tournament events can only be obtained through When We Were Young Productions. WWWYP will make arrangements for WIAA credentials.

Credential Maximum Request Limits

Specific Sports Publications: Legitimate sport-specific publications as determined by the WIAA may receive a maximum of three (3) credentials for their respective sport's State Tournament.

Internet site: Legitimate news gathering Internet site organizations posting original content and information in a timely (daily) manner as determined by the WIAA may receive a maximum of two (2) credentials. Additional credential requests will be reviewed and determined if appropriate by the WIAA. Fan-based Internet sites as determined by the WIAA will not be granted credentials. Traditional state, regional or national media sources (newspapers, radio or television) staffed by full-time employees for its Internet operations may receive a maximum of two credentials with intent of reporting on WIAA State Tournament events.

Weekly Newspapers: Weekly newspapers may be issued a maximum of two (2) credentials (including photographer) if teams competing are in their primary coverage area. A maximum of one (1) credential will be issued to weekly papers with no competing teams in their primary coverage range as determined by the WIAA.

Daily Newspapers: For daily newspapers, a maximum of five (5) credentials, including photographers, will be issued to papers with a paid circulation of 30,000 or more. Daily papers under 30,000 paid circulation may receive a maximum of four (4) credentials if teams in their primary coverage area are participating, and a maximum of two (2) credentials will be issued to dailies with under 30,000 paid circulation with no participating teams in their primary coverage area. Additional credential requests will be reviewed to determine if appropriate by the WIAA.

Radio: A maximum of two (2) credentials will be issued to stations doing play-by-play of WIAA Tournament Series events. Any additional credentials must be approved by the WIAA. A maximum of one (1) credential will be issued for filing live reports or not originating any transmissions or reports.

Please contact Todd Clark or Joan Gralla at the WIAA with any special media credential requests [phone].

Photographers: Photographers without affiliation to any media organizations (i.e. professionals, yearbooks, etc.) will not be granted media credentials (also see "Photography Provisions" section).

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Spring/Summer Sports Tennis (Boys), Individual Track & Field Golf (Boys) Tennis (Boys), Team Baseball (Spring) Soccer (Girls) Softball Baseball (Summer)

Winter Sports Swimming & Diving (Boys) Wrestling, Individual Hockey Gymnastics Wrestling, Team Basketball (Boys) Basketball (Girls)

Fall Sports Golf (Girls) Tennis (Girls), Individual Tennis (Girls), Team Soccer (Boys) Cross Country Volleyball (Girls) Swimming & Diving (Girls) Volleyball (Boys) Football

2009-10 Credential Request Deadlines
Tournament Dates Oct. 12-13, 2009 Oct. 15-17, 2009 Oct. 23-24, 2009 Oct. 29-31, 2009 Oct. 31, 2009 Nov. 5-7, 2009 Nov. 13-14, 2009 Nov. 13-14, 2009 Nov. 19-20, 2009

Tournament Dates June 3-5, 2010 June 4-5, 2010 June 7-8, 2010 June 11-12, 2010 June 15-17, 2010 June 17-19, 2010 June 17-19, 2010 July 28-29, 2010

Tournament Dates Feb. 19-20, 2010 Feb. 25-27, 2010 March 4-6, 2010 March 5-6, 2010 March 5-6, 2010 March 18-20, 2010 March 25-27, 2010

Credential Deadline Noon, June 1, 2010 Noon, June 2, 2010 Noon, June 4, 2010 Noon, June 9, 2010 Noon, June 13, 2010 Noon, June 15, 2010 Noon, June 15, 2010 Noon, July 26, 2010

Credential Deadline Noon, Feb. 17, 2010 Noon, Feb. 23, 2010 Noon, March 2, 2010 Noon, March 2, 2010 Noon, March 2, 2010 Noon, March 16, 2010 Noon, March 23, 2010

Credential Deadline Noon, Oct. 9, 2009 Noon, Oct. 13, 2009 Noon, Oct. 21, 2009 Noon, Oct. 27, 2009 Noon, Oct. 29, 2009 Noon, Nov. 3, 2009 Noon, Nov. 11, 2009 Noon, Nov. 11, 2009 Noon, Nov. 17, 2009

The WIAA does not provide media credentials to member schools for students of schools advancing to the State Tournaments. However, each school that qualifies a team for the State Tournament is permitted one (1) "School Photographer" credential in sports where applicable. A ticket must be purchased and a letter from the principal or athletic director identifying the individual as the recipient of the "School Photographer" credential is required.

Member School Photo Credentials

Only schools of competing teams may receive a "School Photographer" credential to photograph or tape a State Tournament event in applicable sports. Tapes or photos may not be sold, rented, loaned, transmitted on the Web site or shared with other schools or local cable access stations. Any commercial sponsorship or commercial use of the video is prohibited. Violation of this policy will subject the school to video and transmission rights fees.

A school which designates any outside entity for its "School Photographer" pass forfeits the right to send its own film or video photographer to the State Tournament.

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For most WIAA State Tournaments, media may utilize and purchase existing general parking at the venues. For events at the Kohl Center and Camp Randall in Madison, Wis., members of the media may request to purchase, at cost (with postage), parking permits directly from UW Transportation Services. Access the WIAA event parking request form on the restricted area of the WIAA Media Center Web site at: www.wiaawi.org. Find the link to the form on the restricted area of the WIAA Media Center next to the Credential Request form. Follow the instructions to submit the form to UW Transportation Services by the deadline indicated for each respective tournament.

Parking Permit Ordering Policies

The WIAA secures a number of telephone, high-speed lines or wireless connections at State Tournament venues. All lines requested through the WIAA are considered shared lines. No dedicated lines throughout an entire tournament will be provided unless arrangements are made to install a dedicated line at cost to the media organization requesting the line (see "note" below). Play-by-play radio transmissions may request use of a phone line during their transmission at a shared cost as indicated on the "Credential Request Form." Radio stations filing live reports will utilize available lines to file reports. Please indicate on the on-line Credential Request Form if you plan to use a cell phone for play-by-play transmissions or reports to help avoid invoicing for line usage fees. Communication connection usage fees are $25 for phone lines and $30 for WiFi access to upload information on a regular basis but not on a continuous basis, $25 for radios using phone lines to file live or taped reports back to stations, and $75 for any media using phone lines for transmitting live play-by-play of a game or segment of a game. Note: Any media requesting or requiring to guarantee a dedicated line (exclusive line) for continual use during an entire tournament must make arrangements for the installation and charges with the host venue and telecommunications company and notify the WIAA. Media outlets with pre-existing dedicated lines at host venues will have those lines reserved for its use. However, seat locations adjacent to a media's dedicated phone jack is not guaranteed based on available media seating.

Communication Lines

Guidelines and policies for photographers at WIAA State Tournaments and during the Tournament Series are determined by the WIAA and based on the nature of the activity and venue, and the official rules of the activity. Photographs taken with the issuance of credentials are restricted to newspapers, news and sports-related periodicals and Web sites, except with written consent of the WIAA Executive Staff. Photographers issued WIAA credentials must adhere to all WIAA photography policies and provisions outlined in this section. The sale or resale of still photography by WIAA-credentialed media is permitted. However, the sale of any products using images from WIAA Tournament Series events is prohibited without written permission from the WIAA.

Photography Provisions

Use of flash equipment and strobe lighting is permitted at all State Tournaments except the gymnastics championships, provided the use of such equipment does not interfere with or disrupt any action or administration of the event. It is the authority of the WIAA to determine if flash equipment is interfering or disrupting play at the State Tournament and the authority of game
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Any sale or resale of photography, digital image, videotape or film taken without a media credential at State Tournament Series events is prohibited without approval from the WIAA. Any photo, image or video taken without credentials are subject to rights, if any, of all third parties, including the individuals photographed. A license authorizing the sale of photographs of WIAA pre-State Tournaments (regionals and sectionals) by nonmedia, non-editorial photographers is available through WIAA for a yearly fee of $100. Please contact the WIAA if interested.

officials and tournament management at pre-State tournaments. Media intending to use flash and strobe equipment should meet with officials and tournament managers prior to regional and sectional contests to avoid potential problems.

During post-game celebrations and awards ceremonies, only the official WIAA photographer and the entity possessing the exclusive television broadcast rights are allowed inside the ceremony perimeter (as determined and controlled by WIAA personnel). All other photographers must remain at the ceremony perimeter. Loose equipment bags or tripods are not allowed at courtside, on the sideline or in competing areas. Photographers must remain in areas designated for photographers as determined by the WIAA (see "Photographer Location Policies" section).

Photographers are prohibited from shooting in locker room and in spectator areas that obstruct the view of spectators in their ticketed seats.

The following outline provides the photography policies and the locations available for photographers at each sport's State championship venue. Please refer to the media instructions in State Tournament media packets at each State venue for additional information or changes to policies.

Photography Locations

Football - Photographers will be allowed access to the sidelines with properly displayed credentials. Photographers are allowed behind the dotted line from the 30-yard line to the end zone and along the back end of the end zone. Photographers are not allowed in the team areas (30-yard line to 30-yard line) except for the official WIAA videographer, but may pass through the back of the team box to get to the other end of the field. However, they are not allowed to stop in the team area. Golf - Photographers with properly displayed credentials may follow golfers. Photographers must shoot from the rough or cart paths, taking extreme caution not to interfere with contestant sight lines or disturb play in any manner as determined by the WIAA.

Cross Country - Photographers with cameras and credentials will be allowed inside spectator ropes and restraining fences in designated areas for race starts and finishes as determined by the WIAA. Crossing in front of runners during the race on the course is strictly prohibited. At the finish chute, photographers must stay in designated roped-off areas. Photographers must stay out of all sand traps and off tee boxes and greens.

Basketball - Only photographers with properly displayed media credentials will be allowed access to courtside photo areas. These areas are at the edge of the court along the ends of the court, from the corner of the court to the free throw lane extended to the edge of the floor on each side of the baskets. No photographers are allowed on the floor along the sides of the court (along team benches and media row). Photographers must sit or kneel when the game is in progress. No television or press photography is allowed on the court during pregame warm-ups, during announcing of the starting lineups or anytime during the game with the exception of the official WIAA network and videographers.

Baseball - National Federation rules prohibit media photographers from being present in any live ball areas. Photographers must remain in designated photo areas as determined by the WIAA. The designated photo areas at Spring Baseball are located in the photography box on the outfield side of the dugouts along the first and third base lines. The designated photo areas at Summer Baseball are located inside the fence on the outfield side of the dugouts along the first and third base lines. These locations are identified with a chalk outline. Access to the field is available during award ceremonies.

Gymnastics - This is the only tournament that prohibits flash and strobe photography because of the potential safety hazard to gymnasts. Photographers must remain outside the perimeter of the judges and must leave the floor after the event they are shooting is completed or when the gymnast has finished her routine. Photographers must refrain from moving at locations near apparatus during routines.
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Hockey - Photographers with properly displayed credentials may shoot from nearly any location at the Coliseum where spectator views are not blocked. However, photographers are prohibited from shooting from the penalty box, team bench areas, the goal judge area and the player entrance areas. Soccer - Photographers are prohibited from entering the playing field at anytime during a game, including shootouts. Photographers with properly displayed credentials are allowed to shoot during play on the sidelines and on the end lines directly inside ropes and fences not to encroach the sideline of the soccer field with the following two exceptions. Photographers are prohibited from shooting in the area directly behind the goal/penalty area on each end of the field during action or in front of the official bench and team benches at any time. It is permissible for photographers to move onto the playing area for pictures before and after games, during halftime and during intermissions between overtime periods.

Wrestling - Photographers with properly displayed credentials may shoot from designated areas at mat side at both team and individual tournaments. Photographers must remain off the mat and must vacate the area after the match they are shooting is completed. Television photographers are prohibited from using lights pointed at or near the mat.

Volleyball - Photographers with properly displayed credentials may shoot from off the Sport Court floor on the side opposite the team benches during the entire tournament. Photographers may also shoot from off the court on each end during championship finals. Photographers must wait for a stoppage in play to move to other areas at each end of the courts.

Track & Field - Guidelines for photographers at the Veterans Memorial Stadium are provided at the State Meet. Access to the infield will be limited to photographers only and only in the designated areas. Anyone with a media or photo credential not shooting photography in these areas will be removed from the infield. In addition, any media photographer taking pictures from the infield outside of these prescribe areas or on the track during running events will be removed. Access to all other field events are identical to spectators.

Tennis - Photographers with properly displayed credentials may shoot from nearly any location of the Stadium where spectator views are not blocked. No photography is permitted at courtside during matches. Media wishing courtside photos during warm-ups are required to request access from WIAA personnel prior to entering courts. Flash photography at courtside during warm-ups must receive permission from WIAA officials.

Swimming & Diving - Photographers with properly displayed credentials may shoot from the designated areas on the pool deck and behind any roped-off areas. Permissible photographer areas are located on the control side of the pool, behind the timers' chairs and at the contestant seating area at the end of the pool opposite the starting blocks. Photographers are not allowed on the walkway where the awards stand is located or near the diving pool. Television photographers and photographers using flashes/lights pointed at the swimmers during turns, exchanges and starts are prohibited.

Softball - National Federation rules prohibit media photographers from being present in any live ball areas. Photographers must remain in designated photo areas off the playing field as determined by the WIAA. The designated photo areas at Goodman Diamond are outside the fence in the opening between seating areas along the first and third base lines. In addition, photographers can shoot outside the fence down the lines in the outfield and in the designated camera area in the stands behind home plate. Access to the field is available during award ceremonies only.

No media is allowed on the floor or field for post-game/event interviews immediately after State Championship team contests, or before or during the awards ceremonies except for WIAA media network (when applicable) and videographers. The nature of each sport will determine the interview policy following State Tournament events as outlined for each sport as determined by the WIAA.
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Post-Game Interview Policies

No media is allowed access to team or participant locker rooms before, during or after any State Tournament competition. Coaches and participants may be available for interviews directly outside the locker rooms. The following list outlines each sport's State Tournament post-contest interview policies.

After all WIAA Tournament contests, the WIAA strongly encourages media to honor a five-minute "cooling off" period prior to interviewing participating coaches and players.

Cross Country - Members of the media wishing to interview coaches and participants may do so after runners have gone through the chutes and have entered the fenced-in area provided. Members of the media are allowed to interview coaches and participants following the State award ceremonies. No interviews are allowed with coaches or runners within 20 minutes prior to the start or during their respective races. Media personnel must stay out of all sand traps and off tee boxes and greens. Football - Members of the media wishing to interview coaches and participants following the State award ceremonies can locate and direct coaches and participants to the area at the north end of the field immediately in front of the north bleachers, not near the playing field to avoid interfering with warm-ups of the next game or the administration of the event. No interviews are allowed during pre-game warm-ups, during the contest or immediately after the game without consent of the WIAA. The coach of the winning team may participate in a brief on-field interview by television with exclusive telecast rights following each game and/or immediately after the award ceremony. Golf - Members of the media wishing to interview coaches and participants following the State award ceremonies or after rounds can locate and direct coaches and participants to a location away from the greens not to distract or interfere with play still in progress.

Basketball - A post-game media conference will take place in the media work room during the boys and girls State Tournaments. The coach and selected player(s) of the winning team will participate in an eight-minute media conference five minutes following a live TV interview after the game or immediately after the awards ceremony if it is the championship game. The coach and player(s) of the losing team will follow with an eight-minute conference. The coach and players of the winning team may only participate in a brief on-court interview by the entity with exclusive telecast rights following each game prior to the media conference. No other interviews of coaches or participants are allowed prior to their participation in the media conference. Members of the media are allowed to interview willing coaches and participants following the media conference at a location outside the locker room. Consideration for team time schedules, as well as administrative and facility staffing expectations is appreciated following news conferences. No interviews are allowed during pre-game warm-ups, halftime or during the contest without consent of the WIAA. On occasion, WIAA personnel may allow for a brief television interview with a coach prior to the media conference by stations with a local team (as defined and determined by the WIAA) participating for newscast deadline relief purposes.

Baseball - Members of the media wishing to interview coaches and participants following the State award ceremonies or after quarterfinal and semifinal games can locate and direct coaches and participants to a location off the field not to interfere with warm-ups of the next game or the administration of the event. Following the final game scheduled for each day, interviews may take place at a convenient location anywhere on the field. No interviews are allowed during pre-game warm-ups or during the contest without prior consent of the WIAA Executive Staff.

Gymnastics - Members of the media wishing to interview coaches and participants following the State award ceremonies or between rotations can locate and direct coaches and participants to a location away from apparatus not to interfere with warm-ups, the next rotation or the administration of the event. Following the final event scheduled for each day, interviews may take place at a convenient location anywhere in the gymnasium. No interviews are allowed during timed warm-ups or during an event. Hockey - In absence of a possible post-game media conference, members of the media wishing to interview coaches and participants following the State award ceremonies or after quarterfinal and semifinal games can locate and direct coaches and participants to a location off the ice, preferably outside each respective team's locker room. No interviews will be al9

Track & Field - Members of the media wishing to interview coaches and participants following an event or State award ceremonies can locate and direct coaches and participants to a location anywhere except on the infield of the track. Following awards ceremonies, those student-athletes receiving medals will be escorted and made available for interviews in the media work area located at the southwest end of the track.

Tennis - Members of the media wishing to interview coaches and participants following a match or State award ceremonies can locate and direct coaches and participants to a location off the playing court areas not to interfere with matches in progress or administration of the event.

Swimming & Diving - Members of the media wishing to interview coaches and participants following an event or State award ceremonies can locate and direct coaches and participants to a location at the control side of the pool deck or off the pool deck not to interfere with events in progress or administration of the meet.

Softball - Members of the media wishing to interview coaches and participants following the State award ceremonies or after quarterfinal and semifinal games can direct coaches and participants to outside the field access gate in the right field corner, not to interfere with warm-ups of the next game or the administration of the event. No interviews are allowed during pre-game warm-ups or during the contest.

Soccer - Members of the media wishing to interview coaches and participants following the State award ceremonies or after quarterfinal and semifinal games can locate and direct coaches and participants to a location off the playing field not to interfere with warm-ups of the next game or the administration of the event. Following the final game scheduled for each day, interviews may take place at a convenient location anywhere on the field. No interviews are allowed during pre-game warm-ups or during the contest.

lowed on the ice or in the team bench area. Following the final game scheduled for each day, interviews may take place at a convenient location anywhere not on the ice, team bench or inside the locker rooms. No interviews are allowed during pre-game warm-ups or during the contest.

Wrestling - Members of the media wishing to interview coaches and participants following a match or State award ceremonies can locate and direct coaches and participants to a location not interfering with the matches in progress or administration of the event. Preferred interview areas are in the corridors below the grandstands in the Kohl Center and in the corridor below the grandstands at the UW Field House.

Volleyball - Members of the media wishing to interview coaches and participants following the State award ceremonies or after quarterfinal and semifinal games can locate and direct coaches and participants to a location away from the playing courts not to interfere with warm-ups of the next game or the administration of the event. Following the final game scheduled for each day, interviews may take place at a convenient location off the playing courts in the general direction of the respective lockerrooms. No interviews are allowed during pre-game warm-ups or during the contest.

1. WIAA radio, television, cable and Internet policies relate to transmissions during the WIAA State Tournament Series. There is no WIAA jurisdiction over regular-season radio, television, cable or Internet transmissions of high school interscholastic competition, but school administrators are strongly encouraged to prohibit sponsors for transmissions whose primary business is the sale of tobacco, alcohol, lottery/gambling, mood-altering substances or lewd subject matter. 2. No fees for regular-season transmissions are required by the WIAA, but local schools and participating teams may wish to require a fee or to recover any expenses incurred (i.e. power, scaffolding, seats lost due to camera positions, tickets sales lost by spectators staying home and watching, etc.).

Tournament Transmission Policies

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4. Media and Internet sites considering transmitting audio, video or textual play-by-play depictions on the Internet must abide by all Internet policies as written in this guide (see "Internet Policies"). There is no fee for live report "updates" of pre-State Tournament events provided no play-by-play is done. There is a $25 fee for live or taped radio reports from State Tournament venues. 5. The WIAA reserves the right to require two minutes of advertising or promotional inventory to be included in any or all radio, television and Internet transmissions of WIAA Tournament Series events as determined by the WIAA.

3. All radio and Internet audio transmission rights and credential requests for all State Tournaments will be issued by the WIAA. To apply for play-by-play or live report "update" rights for State Tournament events, radio stations and Internet sites must complete and submit the "Media Credential Request Form." An on-line submittable form is located on the restricted area of the WIAA Media Center Web site. Completed forms must be submitted to the WIAA by noon at least two business days before the first day of a given tournament or as outlined in the "Credential Request Deadline" section of this guide. Please review the "Requesting Credentials" section for additional credential request policies.

6. By submitting the application for transmission, media and Internet sites agree to abide by all WIAA regulations and policies regarding the transmission of events during the entire WIAA Tournament Series to include prohibited advertising and sponsorships as determined by the WIAA as outlined in the "Advertising" section.

Transmission Terms & Regulations
1. WIAA Tournaments ­ "State Tournament Series," "Tournament Series" and the "WIAA Tournaments" refer to all the WIAA sponsored events contested at the regional, sectional and State levels. The "State Tournament," "State Tournament Championships" or "State Meet" refer specifically to the contests or events culminating the Tournament Series with championships at the State finals venues.

Terms

3. Live or real-time play-by-play ­ A live or real-time play-by-play is defined as transmitting a live (while the event/game is in progress from beginning to conclusion) written, audio or video description (identifying competitors with descriptions or results of game action) of all or a significant number of plays/events occurring sequentially during a game/event.

2. Transmission ­ A "transmission" is defined as the transmitting­or intent of transmitting­any live or taped portion, or entire duration of tournament games or complete session of games from the time the transmission begins to the time the transmission ends at the tournament site. This definition includes halftime, between games of a session, immediately before and after a tournament game or session, and during intermission stops and timeouts.

6. Internet site ­ Internet and Web site are interchangeable terms for the purpose of WIAA regulations and definitions.

5. Live reports ­ Live report "updates" are transmitting updates on results or general information about the competition or event but contains no play-by-play description of live contests.

4. Non-commercial transmission ­ A "non-commercial transmission," for the purpose of rights fees assessment, is one that contains no commercials or sponsorships during the entire duration of tournament games or complete session of games from the time the transmission begins to the time the transmission ends at the tournament site. This definition prohibits commercials or sponsorships during halftime, between games of a session, immediately before and after a tournament session, and during intermission stops and timeouts. However, a station or Internet site may return to its studio at halftime or between games of a session to air regularly scheduled programs with its normal advertisers and sponsors.

7. Exclusive rights ­ All media and/or Internet sites may not infringe on existing exclusive media rights agreements and rights of the WIAA without consent of the WIAA and the exclusive rights holder.
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4. All media and Internet sites transmitting "real-time" text of play-by-play action of State Tournament events is considered similar to that of a play-by-play radio or television transmission and are subject to rights fees. Web blogs not posting continuous play-by-play accounts of game or event action are not subject to rights fees unless determined by the WIAA to be a live depiction of event action 5. Also, any media transmitting "real-time" video is subject to exclusive video rights agreements and video transmission fees. In addition, any media transmitting "real-time" audio other than that of the fee-paying, rights-granted television and/or video production partner(s) is subject to the audio transmission rights fees.

3. The WIAA also reserves the right to revoke or deny the video, audio or text transmission rights of any media or Internet sites that include in any part of its transmission of WIAA Tournament events, including pregame and postgame shows, content or comments considered inappropriate or incompatible with the educational integrity of the tournament or host institution from which the transmission is originated.

2. All "Real-time," or tape-delayed audio, video or textual transmission of play-by-play, is exclusive property of the WIAA and rights-granted entities. Any account/transmitting of real-time video, audio or textual play-by-play is prohibited onsite or off-site without consent of the WIAA.

1. The WIAA reserves the right to grant, issue, revoke and deny credentials to any media or Internet site organizations based on the interpretation and intent of these policies determined by the WIAA. In cases deemed unique by the Association, these policies may be amended. The WIAA and its exclusive rights partners retain the rights to all commercial use of video, audio, or textual play-by-play transmitted at a WIAA Tournament Series event. Furthermore, the WIAA owns the rights to transmit, upload, stream or display content live during WIAA events and reserves the right to grant exclusive and nonexclusive rights or not to grant those rights on an event-by-event basis.

Comprehensive Policies

Regulations

8. Media and Web sites granted permission by the WIAA to transmit "real-time" or delayed audio, video or textual playby-play are subject to transmission rights and line-usage fees and must adhere to all transmission regulations, fees and advertising policies of the WIAA outlined in this guide. 1. Video transmission rights are required and rights fees are applicable (page 17) for stations and/or Internet sites that originate a video transmission or that pick-up live or delayed feeds and/or links from another station, Internet site or cable operator.

7. Internet sites of traditional media (newspaper, radio, television) may be issued credentials, but are not allowed "realtime" or "live" transmission by audio streaming, video streaming, textual play-by-play accounts without consent and rights granted by the WIAA.

6. Stations or Internet sites will not receive a reduced rights fee by dividing a session into one game on a commercial basis and another on a non-commercial or commercial-delayed basis.

Video

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3. The use of video exceeding two minutes by the originating station, publication or Internet site­other than the exclusive video production rights holder­for any purpose other than highlights on regularly scheduled news or sports broadcasts, or on a Web page is prohibited.

2. No taped-delayed video transmissions of any WIAA Tournament Series event is permitted during the exclusive live coverage of the WIAA State Tournament in the same sport. In addition, a tape-delayed video transmission is prohibited from transmitting until three hours after the start of the respective event being transmitted on a tape-delayed basis. Permission to transmit any video content delayed must come from the WIAA and When We Were Young Productions or the station/network with exclusive television and/or video transmission rights.

4. The following list of rules apply for commercial television stations and Web sites using video in their coverage of the WIAA State Tournament Series for newscast or Webcast purposes:

7. Video Transmission Priority Criteria

6. Video of Tournament Series action may not be sold without written consent from the WIAA and its respective licensed video production partner.

5. No rights fees will be required for schools wishing to air tape-delayed transmissions on their school's educational channel, local cable system or school's Internet site. Schools are restricted from transmitting video of Tournament Series events that are under exclusive contracts without the permission of the WIAA and When We Were Young Productions.

B. Use of film, video, audio, tape, etc., is limited to regularly scheduled news, sports programs or Internet site stories, and use of such content is limited to no more than two minutes of a web stream or program which is any length. Unless written approval is granted from the WIAA office, use of more than two minutes of film, video, audio, tape, or stream, etc., beyond five days from the last day of a tournament is prohibited without written consent of the WIAA.

A. There may not be live coverage of any live game action during the contests. "Live coverage" is defined as any activity which occurs while a game or meet is in progress. Stations or Web sites may use a backdrop of live action for reports from a tournament facility provided there is no play-by-play commentary and the report is limited to regularly scheduled news or sports programs and are no more than two minutes of a program which is any length.

The WIAA will make every attempt to provide adequate broadcast facilities for all stations and/or Internet sites that are approved or licensed to video transmit State Tournament events. If demand for transmissions exceed available accommodations, first consideration will be given according to the following criteria, as determined by the WIAA, in order: A. B. C. D. E. F. WIAA Television network partners transmitting live video Television stations transmitting live video Television stations and WIAA networks/partners Internet transmitting live video Television stations and WIAA networks/partners Internet transmitting tape delayed video Local television stations taping for sports highlights within newscasts or video on Internet site Other media Internet sites recording highlights for Internet

1. The WIAA reserves the right to consider all applications for audio transmission rights on an individual basis.

Audio

2. Audio transmission rights fees (page 17) are applicable for stations and/or Internet sites that originate an audio transmission or that pick-up live or delayed feeds and/or links from another station or Internet site. Radio and Internet sites approved by the WIAA to audio transmit Tournament Series events are prohibited from feeding or linking its transmission to any other station(s) or Internet sites without additional rights fees being assessed. 3. Radio stations with Internet sites will not be charged additional Internet transmission fees if originating transmission is of similar nature and is not in competition with an exclusive rights-granted, fee-paying organization. For example, radio stations will not be charged an additional transmission fee for transmitting audio that originates for over-the-air transmissions and is simultaneously transmitted on the official flagship station's Internet site only. Network stations (if applicable), any other stations or Internet sites may not link audio transmissions unless those stations are also transmitting the identical audio transmission over-the-air. Any stations or Internet sites not airing the transmission of a network (if applicable) feed but links to the audio transmission of the event is subject to the audio transmission rights fees. Requests for such permission must be indicated on the WIAA "Audio Transmission Application." Any State Tournament transmission permission must be cleared through the WIAA. In addition, a radio station or Internet site is required to apply
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4. Audio Transmission Priority Criteria

and receive WIAA audio transmission rights approval before accepting a feed or adding a link to any transmission from another station or Internet site and must adhere to all rules, regulations and policies in this manual.

A. The WIAA network (if applicable) B. The WIAA network affiliate stations (if applicable) C. To local stations of participating teams that have audio transmitted a participating team's games with regularity D. To regional stations of participating teams that have audio transmitted a participating team's games periodically E. To stations in the host community and area F. Internet site audio-only streaming (in above order) G. Other

The WIAA will make every attempt to provide adequate broadcast facilities for all stations and/or Internet sites that are approved to broadcast WIAA State Tournament events. If demand for broadcasts exceed available accommodations, first consideration will be given according to the following criteria, as determined by the WIAA, in order:

1. To apply for play-by-play text transmission rights for State Tournament events, media and Internet sites are required to notify the WIAA of their intentions to transmit textual play-by-play of any contest(s) during a State Tournament when submitting the "Credential Request" form posted on the restricted area of the WIAA Media Center site.

Text

2. Internet blogs, forums or twitters not posting continuous play-by-play accounts of game or event action are permitted and are not subject to rights fees unless determined by the WIAA to be a live, play-by-play depiction of event action (see "Live play-by-play definition" on pg. 11), are not in compliance with the mission and media policies of the WIAA or are associated with any promotion, reference or link to material surrounding the content is deemed inappropriate or not in the best interest of the WIAA. Real-time play-by-play accounts of WIAA Tournament Series events are subject to text transmission rights fees.

Applying for Regional & Sectional Transmission Rights
1. All media and/or Internet site parties interested in video transmission of WIAA Tournament Series events must make arrangements with When We Were Young Productions [phone] to inquire about video transmission or Internet video transmission permission prior to the date of the contest. Entities not adhering to permission policies are subject to fines imposed by the rights holder. Live or tape-delayed video transmission rights of regional and sectional events by television stations, cable operators and Internet sites is prohibited without consent of the WIAA and When We Were Young Productions.

Video

3. Regional and sectional host tournament managers are authorized to refund fees if the station or Internet site has a legitimate reason for not being able to video transmit after they planned to do so and/or indicated to the manager in advance
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2. Accommodations for working television, cable or Internet personnel, cameras and other equipment involved in video transmission production is the responsibility of the host tournament manager, provided the television stations, cable operators or Web stream entities receive permission in advance from the WIAA and When We Were Young Productions to transmit video.

4. Media sending a reporter to cover the WIAA Tournament Series for n