The Fort Worth SPJ chapter has a mid-career grant of up to $500 available for journalists who want some type of mid-career training.
The award is open to newspeople with at last five years experience and must be used on journalism-related training. You do not have to be currently employed by a news organization to be eligible – so freelancers and laid-off people would qualify. You do have to be specific about the training you want to receive. You could use this for courses, workshops, even attending a convention if that convention offered a specific strand of workshops, like investigative reporting or photojournalism.
The application form can be found at http://www.spjfw.org/awards/mcgapp12.pdf, which also offers more information on the grant.
The short answer is yes, you should be able to get a copy of the council packet. Council packets are routinely handed out to reporters – just ask any of the big cities such as Fort Worth.
The long answer is that these documents are subject to the open records act like any other document. Therefore, if they are providing council members with copies of legal opinions or details of real estate transactions, they may be able to withhold those items. A request for a zoning change, however, would not fall under the real estate transaction – the types of real estate transactions exempted under the open records act are generally the sale or purchase of real estate. A request for a zoning change, and specifications of that request, would be public.
If the city is refusing to give you a copy of the council packet, make a formal written request for the documents. They will probably seek an attorney general's opinion. You may have to make requests every week until you get them accustomed to releasing these details to you. If you don't want them to charge you for copies, ask for access to read the packet. You would only have to pay for the pages you actually want.
The capital murder trial had been under way three and a half days when the gag order arrived, handed out after lunch by uniformed bailiffs to the media and other spectators seated in the courtroom.
Much of it was typical of what you’d find in a gag order issued during a tense trial:
- No media interviews with the witnesses, attorneys, prosecutors or court personnel
- No audio or visual recording equipment allowed in the courtroom
- No photographing of jurors
- No communication with any member of the jury
- No computers in the courtroom without prior approval of the judge
But the gag order issued on Jan. 6 by Visiting Judge Elizabeth Berry in Tarrant County Criminal District Court #4 did not stop there.
Berry ordered that media interviews could only be done in the courthouse lobby or outside the building. And nothing, the order stated, should be disseminated by the media unless it had occured in open court, presented in evidence or in argument with the jury present.
In other words, the media was being told they couldn’t report anything that happened in court outside the jury’s presence.
There were to be no blogs about court rulings on evidence. No testimony given without the jury to help the judge determine whether something should be admitted into evidence. No reporting even on the dressing-down the judge had given prosecutors and defense attorneys for their ongoing sniping.
Violation of the order could result in automatic expulsion from the courtroom or contempt of court, which carries a fine of up to $500 or six months in jail.
I stepped outside and called my editors at the Star-Telegram. It was time to get the lawyers involved.
Gag orders are not uncommon in high-profile cases such as the recent capital murder case against Kwame Rockwell, accused of killing two men — including a Mrs. Baird’s deliveryman — during a 2010 convenience store robbery.
Death penalty cases get intense scrutiny during the appeals process, and trial publicity can adversely affect the justice system if the jury panel becomes aware of the hooplah.
Most defense lawyers and prosecutors avoid discussing an ongoing case anyway, and in this case, the family members of the victims had already indicated to the Star-Telegram that they didn’t want to talk until after the trial.
But this gag order crossed the line. By prohibiting reporters from reporting on actions that occurred in open court, but outside the jury’s presence, the court had initiated a censorship policy known as prior restraint — telling the media that it cannot print something that occurs in a public forum.
Prior restraint was at the heart of the Pentagon Papers case in 1971, when the Nixon administration tried to stop The New York Times and Washington Post from publishing portions of top-secret documents related to the Vietnam War.
In a later case in Nebraska in 1979, the U.S. Supreme Court threw out a gag order that had imposed prior restraint on the media, saying such censorship was a violation of the First Amendment to the U.S. Constitution.
So what should you do if you’re hit with such a gag order? Take the lead from Star-Telegram attorney Tom Williams of Fort Worth, a noted First Amendment lawyer.
- Try to reason with the judge. Williams arrived in court within a few hours of the order being issued to talk with the judge about the decision. The Star-Telegram agreed immediately not to approach witnesses or attorneys for comment, but asked for permission to ask questions about routine information, such as the spelling of a witness’ name or confirmation of a date.
- Be polite. Make the judge aware that you are not trying to interfere with the justice system, and that you are willing to cooperate fully with her efforts to protect witnesses and court officials.
- Don’t back down on the big stuff. Judge Berry agreed to soften the order somewhat but initially refused to back down on the prior restraint order. Williams then indicated he would like a hearing on that issue, and it was scheduled for the following Monday. Before the hearing could begin, however, Berry had issued a new order revising the prior restraint requirement.
The key point to remember is this: Open court is a public forum, and no one can control reporting of what happens in open court.
So take a break from reporting and editing and enjoy some jokes only a copyeditor or an English professor could appreciate – bar jokes that hinge on the finer points of grammar, punctuation or linguistics.
Don’t let anyone see you reading these or your newsroom nerd status will be set in stone.
These were circulated on a national grammar listserv.
Here goes:
- A comma splice walks into a bar, it has a drink and then leaves.
- A dangling modifier walks into a bar. After finishing a drink, the bartender asks it to leave.
- A question mark walks into a bar?
- Two quotation marks “walk into” a bar.
- The bar was walked into by the passive voice.
- Three intransitive verbs walk into a bar. They sit. They drink. They leave.
- What would have happened had a subjunctive walked into a bar?
- An antecedent walked into a bar, and they ordered a drink.
- An ellipsis walked into a bar…
- Bartender asks a woman what she wants. “An entendre,” she says. “Make it a double.” So he gives it to her.
- An alliteration traipsed into a tavern, where it tangled tempestuously with an insistent, illiterate intern.
- A typo wakled into a bar.
- A rabbi, a priest, and a cliché walk into a bar.
- Two possessive apostrophe's walk into the bar as if they owned the place.
- A subject and a verb have a disagreement in a bar, and one of them pull out a pistol.
- A heedless homonym walks into a bar. You think he wood of scene it write in front of him.
- The Oxford Comma joined in a high-spirited debate at the bar that included his parents, Ayn Rand and the Bishop of Canterbury.
Even though it can sometimes be difficult to get a decent exposure in a high school gym, no matter what high school you’re at, I’ve found one thing remains constant:
Unbelievable access.
If you’ve ever shot college or professional basketball, you know you’re told where you can shoot, or more specifically the long list of where you can’t.
With high school basketball, the only direction I’ve ever received from any official body is to be aware of where the referees are and give them space to move around the baseline.
As a photographer, that opens up a wide variety of angles and opportunities to make images.
I’m going to share my process to approaching basketball games.
ACROSS THE COURT: Shooting action across the court with a telephoto lens will give you a couple of different shots, such as rebounds, steals and general defensive plays. In these photos, I’m using my Canon 300mm lens. From this angle, you can capture a lot of the emotion that comes with steal and rebounds. Plus, fast breaks coming the other way should yield clean, unobstructed shots.
As a point of reference, I’ll shoot with two camera bodies (Canon 7D as my primary body and a 30D as a backup) with two-of-three lens (Canon 18-35mm, 70-200mm or 300mm) attached at any given point.
I’ll get my safe shots out of the way.
If I’m covering both teams, I’ll start with my 70-200mm f2.8 lens and split the first eight-minute half, so I’m on both sides of the floor in the first quarter, allowing me to get shots of the both teams’ offenses and defenses.
Typically, I’m stationed behind the basket, at either corner where the paint and court meet.
Once I’ve gotten some offensive shots, I’ll mix things up by using my 300mm to grab shots that are too far away for a 70-200.
Without switching to the other side of the court, I’ll use the 300mm to get defensive shots, both out on the perimeter and up in the air rebounding, of the team that was just on offense.
You can also get a nice shots of offensive turnovers.
FROM THE BASELINE: With a wide-angle lens, you can do a number of different things. If you put your camera on the floor and tilt it slightly upward, you can give a viewer a different angle on rebound shots. This angle is also nice because it gives the viewer a sense of place. For this kind of shot, I tend to focus about a foot in front of the basket and turn the camera lens focus to manual so all you have to do is position the camera and wait for the action. Another thing you can do is position yourself on the baseline just to the edge of the paint. What I’m looking for is a player to drive from the wing to the basket -parallel to you.
If you don’t have a long lens, you can get a similar shot — you just have to move your feet to get close.
There should be a sizable gap between the scorer’s table and the row of chairs for either team.
If you shoot on either side of the scorers table, you should be able to get close enough to get defensive shots, just be aware of where coaches and players are, as some coaches will like to pace around and players will check-in at the table to sub-in.
Now that you have your safe shots, it’s time to play.
Unlike my safe shots, I’m going for low-probability, high-yielding positions.
By this I mean I’m looking for shots that I may have to be patient to get.
Remember, I already have my safe shots, so I know if I go a quarter and a half with nothing decent to show, I’m all right.
I’ll go for a couple of different shots: low-angle shot below the basket, high shot from the stands, long lens at mid court, etc.
Below basket:
This type of shot can give you a sense of place, as well as an appreciation for the athleticism players have.
I’ll point the focus of my camera with my wide-angle lens at a usually a foot or so in front of the basket. I’ll turn the lens focus from automatic to manual so the focus won’t change and lay my camera on the ground at a slight upward angle. I’ll shoot a photo to check the composition and wait for a rebound, fast-break layup, etc., to happen in front of me.
In the stands:
The great thing about shooting from the stands is how it cleans up your backgrounds and helps with your exposure, and you don’t have to necessarily have a 300mm to get shots from higher up. Even a 70-200mm lens from even a few rows up can help give you a difference vantage point.
As a bonus for shooting higher up, you can get the light from the gym shinning more directly on players’ faces as they look toward the basket filling in shadows you might have seen if you shot from the floor level.
FROM THE STANDS: Shooting from the stands will not only clean up the background, but also show you the faces of players as they battle for rebounds or go up for shots you wouldn’t see from the floor. From the stands I switch off between using my 300mm lens and my 70-200mm lens. As an added bonus, you can also get a better handle on what teams are doing both offensively and defensively, which can help you anticipate action.
You also see expressions as players go up for shots and rebounds that you may not see from the floor level.
From this point of view, I’m looking for expression and to some degree a variation of shots I get from the floor.
The other thing that can help you from this angle is you can see beyond just the pile of bodies in front of you.
In addition, it’s easier to understand plays and defensive schemes from that angle, allowing you to anticipate what will happen when and get a feel for players’ tendencies.
Images, such as player’s diving out of bounds, can be enhanced depending on your vantage point.
From higher up, you can see that play develop easier than you can from the floor.
If you get bored, you can always try other things, such as shooting completely wide angle for a while, or going super-tight from the baseline.
Mix it up, have fun and enjoy the freedom.
Even though it can sometimes be difficult to get a decent exposure in a high school gym, no matter what high school you’re at, I’ve found one thing remains constant: Unbelievable access.
If you’ve ever shot college or professional basketball, you know you’re told where you can shoot, or more specifically the long list of where you can’t.
With high school basketball, the only direction I’ve ever received from any official body is to be aware of where the referees are and give them space to move around the baseline.
As a photographer, that opens up a wide variety of angles and opportunities to make images.
I’m going to share my process to approaching basketball games.
As a point of reference, I’ll shoot with two camera bodies (Canon 7D as my primary body and a 30D as a backup) with two-of-three lens (Canon 18-35mm, 70-200mm or 300mm) attached at any given point.
I’ll get my safe shots out of the way.
If I’m covering both teams, I’ll start with my 70-200mm f2.8 lens and split the first eight-minute half, so I’m on both sides of the floor in the first quarter, allowing me to get shots of the both teams’ offenses and defenses.
Typically, I’m stationed behind the basket, at either corner where the paint and court meet.
Once I’ve gotten some offensive shots, I’ll mix things up by using my 300mm to grab shots that are too far away for a 70-200.
Without switching to the other side of the court, I’ll use the 300mm to get defensive shots, both out on the perimeter and up in the air rebounding, of the team that was just on offense.
You can also get a nice shots of offensive turnovers.
If you don’t have a long lens, you can get a similar shot — you just have to move your feet to get close.
There should be a sizable gap between the scorer’s table and the row of chairs for either team.
If you shoot on either side of the scorers table, you should be able to get close enough to get defensive shots, just be aware of where coaches and players are, as some coaches will like to pace around and players will check-in at the table to sub-in.
Now that you have your safe shots, it’s time to play.
Unlike my safe shots, I’m going for low-probability, high-yielding positions.
By this I mean I’m looking for shots that I may have to be patient to get.
Remember, I already have my safe shots, so I know if I go a quarter and a half with nothing decent to show, I’m all right.
I’ll go for a couple of different shots: low-angle shot below the basket, high shot from the stands, long lens at mid court, etc.
Below basket
This type of shot can give you a sense of place, as well as an appreciation for the athleticism players have.
I’ll point the focus of my camera with my wide-angle lens at a usually a foot or so in front of the basket. I’ll turn the lens focus from automatic to manual so the focus won’t change and lay my camera on the ground at a slight upward angle. I’ll shoot a photo to check the composition and wait for a rebound, fast-break layup, etc., to happen in front of me.
In the stands
The great thing about shooting from the stands is how it cleans up your backgrounds and helps with your exposure, and you don’t have to necessarily have a 300mm to get shots from higher up. Even a 70-200mm lens from even a few rows up can help give you a difference vantage point.
As a bonus for shooting higher up, you can get the light from the gym shinning more directly on players’ faces as they look toward the basket filling in shadows you might have seen if you shot from the floor level.
You also see expressions as players go up for shots and rebounds that you may not see from the floor level.
From this point of view, I’m looking for expression and to some degree a variation of shots I get from the floor.
The other thing that can help you from this angle is you can see beyond just the pile of bodies in front of you.
In addition, it’s easier to understand plays and defensive schemes from that angle, allowing you to anticipate what will happen when and get a feel for players’ tendencies.
Images, such as player’s diving out of bounds, can be enhanced depending on your vantage point.
From higher up, you can see that play develop easier than you can from the floor.
If you get bored, you can always try other things, such as shooting completely wide angle for a while, or going super-tight from the baseline.
Mix it up, have fun and enjoy the freedom.
As many small town newspapers know, when a major news events happens, you become the center of information. The demise of Dublin Dr Pepper was not as big an event as many towns have had to deal with (such as ElDorado) but it was major news and attracted a lot of attention from large dailies as well as metro TV stations.
Many use the newspaper as a source of background information as well as a prop for their newscast. Having been with major dailies as well as one TV station, I like to help out as I want them to have the right information.
Unfortunately, some strike out on their own and somehow don’t get all the information. Many of the out-of-towners sought information before it was available and kept calling, but that also helped me trace down rumors so I could keep on top of the situation.
I don’t know how big this news cycle will continue – of course, for us it will be a story for some time to come as we deal with the fallout of losing our “brand” name and identity.
It’s a story most of us have not had to deal with as it is unusual due to the “branding” of Dublin.
Q: We are doing a feature this week on the history of Rudolph the Red Nosed Reindeer. (actually pretty interesting… another marketing ploy by corporate giant) Anyway, I am thought I might scan in the cover of a little Golden Book about the flying mammal and use it as my artwork for the story. The book is copyright 1958 and has been out of print for years. Am I trudging on infringement issues?
A: First, it’s good that you stop to ask. Often, news staffs scan and use without even giving a second thought to copyright issues, simply presuming that if it can be found, then it is fair use. This is not always the case, of course, and that’s when the Copyright Scrooges can come calling.
Chances are that the image is not in the public domain. Even though it was published in 1958, if long as Little Golden Books renewed the copyright after its first term would’ve expired in 1986, the copyright would extend to 95 years after the original publication date. That’s the rule for works published between 1920 and 1963; today, copyright extends to 70 years after the death of the author. (see a full list of copyright duration here: http://copyright.cornell.edu/resources/publicdomain.cfm)
In this instance, however, I think printing the Rudolph cover would qualify as fair use. Fair use is the chief exception under U.S. copyright law, which calls for penalties including $750 minimum and up to $150,000 in damages per infringing use. Worse than a lump of coal, indeed.
To qualify for fair use consideration, the use must fall into one of the following categories: criticism, comment, news reporting, teaching, scholarship and research. Because you would be using the Rudolph image for news reporting purposes, you are at least eligible for the fair use exception. However, this alone does not mean the use is fair.
Courts apply a four-part test to gauge whether the use is fair. No one part of the test is supposed to be given any greater weight than the other; rather, courts apply the test on a case-by-case basis and provide an overall ruling based on the facts and circumstances. The test includes the following: (1) purpose of the secondary use, (2) nature of the copyrighted work, (3) amount and substantiality of the portion taken and the secondary use, and (4) effect on market value of the original.
In the case of the Rudolph cover, the test would apply as follows:
- Purpose of the secondary use: News uses are for profit, which favors the copyright holder. However, the fact that the original is out of print helps the secondary user because you are making it available to a wider audience.
- Nature of the copyright work: Rudolph is without a doubt fictional and fanciful, which is more creative than historical or factual works. This favors the original copyright holder.
- Amount and substantiality: This kind of depends on how the copyright was registered. Was it done as a whole, or was the cover image registered separately? Most likely, it was registered as a whole, meaning you’re using just one image (albeit the most important one) from dozens in the book. It’s hard to use images fairly without “transforming” them somehow – using them in a photo illustration, for example – because it usually requires taking the whole image. Using the photo in a de minimis way – as a small image accompanying a longer story, with other images from other sources as well – would help the news reporting use even more. This factor also slightly favors the copyright holder.
- Effect on market value: Essentially zero, which favors the secondary use. It’s not plausible to believe that people would substitute the newsprint image for the original, thus undercutting sales of the book.
Though courts are not supposed to favor any one factor, they often do focus on amount and substantiality and effect on the market. Here, with no negative market effects, and with only one image from the book taken, these factors seem to favor the secondary use. The fact that the book is out of print helps as well.
Thus, I think this use would qualify as fair. To be safe, however, I encourage attributing to the original work – under the image, I suggest listing the name of the artist, the title of the book, the publisher and the date. Such acts of good faith – you’re giving credit to the original artist and publisher to the audience, rather than hiding them – tend to be appreciated by the courts. Think of it as a way of staying on the “nice” list.
For more information on copyright, go to www.copyright.gov, which is full of resources and FAQs for the public.
Question: Under the Open Meetings Act, what can I do if a government body goes into executive session under a vague “personnel matters” exception every meeting, even if the body is doing other things such as receiving reports or discussing other matters about high-level government employees during this closed session?
Answer: First, to be clear, a government body can go into executive session to discuss personnel matters (551.074). To comply with the notice requirements under 551.001, the government body must (a) meet in open session and announce that a closed session will be held and (b) state the exception under which the body is going into executive session. So, technically, a city council that meets in open session and states that it will be going into closed session to discuss personnel matters – without any further detail – is complying with the notice part of the Open Meetings Act.
While some government bodies voluntarily disclose which personnel are being discussed or otherwise provide more detail, there is nothing in the statute or court/attorney general rulings demanding that government bodies provide more clarity, except in cases involving a “special public interest.” Texas courts have only required more than “employment of personnel” for hiring decisions when such a “special public interest” is involved (for example, courts required more for school boards hiring principles or superintendents; see Cox Enterprises, Inc. v. Board of Trustees of the Austin Independent School District, Texas Supreme Court, 1986).
Thus, hiring and firing of high-level personnel – perhaps including city managers and tax assessors/collectors – would seem to require an additional level of notice beyond merely stating “personnel matters.”
However, the “personnel matters” exception does not cover anything dealing with government personnel. Under 551.074(a)(1), the only personnel discussions that can be closed are sessions “to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal” of a public employee. So, if the body is receiving a report about the aforementioned matters – particularly, say, an audit or investigation about a public employee – that portion of the meeting can be closed.
That said, the personnel matters exception can be (and surely often is) abused. If a government body is trying to dodge public scrutiny by wrongfully hiding behind an exception, it is in violation of the Open Meetings Act. If you hear that matters have been discussed besides those claimed as the reason for meeting in closed session, then you can challenge the validity of closing the meeting in court.
Proceedings of closed sessions must be recorded, either through video/audio recording or through a certified agenda that includes details about any business conducted during the closed session (551.103(a)] This includes at least a brief summary of the subject matter discussed and any actions taken.
Unfortunately, there is no way for you to gain access to the recording or the certified agenda without court intervention – a court can conduct in camera review of the recording/agenda and can admit it into evidence if the case proceeds. I would normally suggest that you seek a friendly member of the board to leak you a copy, but doing so is a misdemeanor.
To be clear, the closed session on personnel matters is only for deliberation, not for final votes and decisions, which must be made on the record. Any final decisions made regarding the public employee (or final decision on any other issue, for that matter) must be made in open session.
First, an economic downtown. Then competition from digital media. Then classified all but disappeared and all ad revenues plummeted. Then layoffs. Then more of the same.
Journalists have certainly had enough to sing the blues about.
But maybe they haven’t a great blues song to sing, one that reflected what was happening in journalism, and especially community journalism.
But now they do, courtesy of the Texas Center for Community journalism.
It started with a blues song written by veteran journalist Donna Darovich, a lyricist well-known for her work in the Fort Worth SPJ Gridiron shows, which were discontinued in 1996.
I saw Darovich’s lyrics and urged her to add more references to the unique world of community journalism, and The Journalism Blues was born.
To make the video, we enlisted a faculty blues band from the TCU Schieffer School of Journalism – The South Moudy Blues (so named from the Moudy Building South at TCU where most of them have offices) – and audio and video help from the Department of Film, Television and Digital Media at the university.
We wanted a blues song that really reflected some of the dilemmas of today’s community journalist. The song talks about everything from competition with Craigslist and Patch to the problems many long-time journalists have in adapting to a digital world. It’s the real-world journalism blues, pure and simple.
The video and its lyrics can be accessed at /journalism-blues.