WI Interscholastic Athletic Assoc. v. Gannett Co., Inc.,

As the governing body for middle and high school athletic programs, WIAA sponsors post-season tournaments. In 2005, WIAA gave a video production company exclusive rights to stream nearly all tournament events online; if the company elects not to stream a game, other broadcasters may do so after obtaining permission and paying a fee. The contract does not prohibit media coverage, photography, or interviews before or after games. Private media may also broadcast up to two minutes of a game, or write or blog about it, so long as they do not engage in "play-by-play." Defendant newspapers decided to stream four WIAA tournament games without obtaining consent or paying the fee. The district court entered declaratory judgment in favor of WIAA. The Seventh Circuit affirmed. Streaming or broadcasting an event is not the same thing as reporting on or describing it. The court noted the distinction between state-as-regulator and state-as- proprietor, and that tournament games are a performance product of WIAA that it has the right to control.