Dear Mr. Dyke,
It has been brought to the attention of the MPSSAA that
DVD’s and video streaming are being provided by you or your company of the
MPSSAA state regional and state championship wrestling tournaments. The MPSSAA
holds the rights to those events and any form of reproduction and distribution
is prohibited without the express written consent of the MPSSAA.
In addition, the MPSSAA and Scholastic Sportsnet have a
contract agreement to video stream and film the state wrestling championships as
well as provide DVD’s to consumers. Your distribution of videos and video
streaming impinges upon that agreement. In respect to those with contracts with
the MPSSAA we ask that you cease and desist from video streaming (http://www.aacosports.com/),
reproducing and distributing copies of the regional and state wrestling
championships.
Sincerely,
Andy Warner
MPSSAA Assistant Director
Phone: 410-767-0415
Mr. Warner,
My apologies for infringing on anyone’s rights or entitlements. That was
certainly not my intention. It was, and still is, my perception that these
events are within the public domain.
My intention, in producing and giving away the DVD’s, was to provide the
individual champions and their coaches something special to remember their
success and accomplishment. I have also provided these DVD’s to service members
serving in overseas assignments and throughout the USA. I have done this for the
past several years for the Anne Arundel County and 4A3A East Regions and last
year added the 4A3A State Tournament, gladly bearing all financial and physical
burden in doing so by myself.
This year rather than sending DVD’s through the mail, I thought I might provide
those geographically dispersed family members and friends an opportunity to see
their athlete wrestle in these tournaments without the added cost of having to
send the DVD’s by mail, instead placing them on my website. My website has no
sponsors or advertising, nor will it ever. My produced results have been
entirely focused on promoting the sport and celebrating the athletes and their
efforts and abilities. All of my products have been free of ulterior motives and
expressly free of any fees or charges to any and all.
I find the profiteering attempt of Brian Bassett and Scholastic Sports Net to be
extremely contrary to the spirit of amateur athletics, the NFHS and the MPSSAA.
Seeking to profit financially from the efforts of high school student athletes
strikes me as morally corrupt and radically unethical. The MPSSAA proclaims they
will not allow exploitation of their athletes and yet the Scholastic Sports Net
website is filled with every sort of sponsor and advertiser and does little to
promote anything but themselves. Is that really message you want sent to our
student athletes?
As you have requested, I will remove the streaming video as I have time. Rest
assured I will make it crystal clear to those that desire to use those links for
their intended purpose the message you have sent. I will also continue to
research the criteria for determination of public domain material and may seek
the State’s Attorney Generals Office determination of an event funded by
taxpayers, sponsored by a taxpayer funded department, and whose participants are
supported by taxpayers, is indeed a public domain event.
Sincerely,
Dave Dyke
AA_Editor
Mr. Dyke, First let me thank you for suspending distribution of DVD's and video streaming on your website. Please understand that one of our responsibilities is to protect students from exploitation. As a result we require contracts outlining parameters for broadcasts and also charge a fee. This assures a level of consistent exposure and any profit is channeled back into student programs. Based on your response there are a few points I would like to make. Contrary to popular belief, the MPSSAA receives no state funding nor are any state tournaments funded by tax dollars. The MPSSAA is a self sufficient organization and its revenue is not derived from state subsidies (taxpayer funds), school dues, tournament entry fees or publication fees. The MPSSAA generates revenue from gate receipts, sponsorships, rule book sales to outside groups, media rights fees, official's registration and souvenir sales. All revenue generated is deposited into a Maryland State Department of Education account and is administered in accordance with the state policies. Funds are distributed from that account and are directed towards tournament expenses (facility rental, security, awards, and special equipment), publications, meeting space, school travel, lodging and meal reimbursement, rules clinics, insurance, district subsidies and other expenses necessary for the daily operation of the Association. I have no doubt that your intentions were entirely noble. However, trying to determine the motivation of everyone taking images of events is not easy. Please understand that in the interest of fairness and consistency we need to treat everyone the same. These policies have been in place for over 25 years and are approved by the Attorney General. You will find them to be no different than any other state athletic association or for that matter the policies of local universities. Like those entities, we require an approved contract to ensure the best interests of the students and the MPSSAA. Sincerely, Andy Warner MPSSAA Assistant Director Phone: 410-767-0415 Email: rwarner@msde.state.md.us
Mr. Warner,
Thank you for the prompt and very informative response. Obviously there were
some major misconceptions, and plenty of ignorance, on my part. I very much
appreciate you making the time in your schedule to respond and for caring enough
to provide accurate, open and polite guidance. I plan to share those facts with
as much of the rest of the wrestling community as will listen.
After receiving your response, I took the opportunity to review the Handbook of
the MPSSAA, Guidelines for Broadcasting MPSSAA Regional and State Playoff Games
and the MPSSAA Broadcast Agreement. I’m not trying to be argumentative, but
there are some items that appear to be out of synch with today’s technology.
Those documents appear to be focused on the older, more traditional concepts of
broadcast. The Handbook rules and interpretation section reinforces that
perception by defining media as newspaper, radio, television and magazine. The
use of computer, cellular telecommunications and other modern digitally
generated media, along with internet broadcast capabilities, don’t seem to be
specifically addressed by the handbook but probably should be. The past several
years have seen exponential growth in the technology based broadcast areas which
now seem to push the bounds of, and have perhaps eclipsed, the listed
traditional broadcasting capabilities and limitations.
While reviewing the MPSSAA Broadcasting Guide, it appears the established
standards are more designed to discourage rather than encourage television
broadcasts. It also doesn’t seem to address the internet or video streaming,
live or delayed, in any manner. Given the four listed purposes of the document,
specifically #4, any local government, non-commercial or public service entity
would seem to stand little chance of ever getting an opportunity to broadcast
MPSSAA events. It states “Generate revenue to help defray the cost of MPSSAA
Tournaments”. Is there a particular range of revenue required? Purpose #4 would
seem to work directly against purposes 1-3. Obviously, the MPSSAA needs to raise
revenue to conduct its business and that is understandable, but it seems to be a
catch 22 of sorts to limit exposure, which would increase public awareness and
potentially public interest in MPSSAA athletic events.
The state government funds plenty of less than functional projects; it’s
disappointing to now know that the governing body of its own high school
athletic system is left to fend for its self financially. Somehow that just
seems wrong. Wouldn’t much less commercial exploitation, or prevention of
exploitation of the student athletes, take place if the state funded the events
rather than forcing the MPSSAA to commercialize its efforts? My son participated
in five MPSSAA state tournaments and we as parents were completely unaware the
rights to his performances were on the auction block. I have to wonder how many
of today’s parents are equally unaware.
I’ve rambled long enough and don’t wish to waste your time. Again, I sincerely
appreciate your response and while I don’t like the answer, will bear it in mind
for my future endeavors. Contrary to what I’ve heard in the past, it’s nice to
think the MPSSAA does listen and respond to concerns of everyday citizens.
Thank you.
Sincerely,
Dave Dyke
AA_Editor
P.S. Wouldn't brackets of 16 rather than 8 generate more revenue at wrestling
regional tournaments? I had to ask.
Mr. Dyke, You are very correct in that we are entering a new era with new avenues of technology. The updating of the handbook and other documents regarding broadcasting and media to meet the new avenues of technology has been given serious discussion. As far as the Broadcasting guide and agreement go, what you have read online is our standard agreement that has been in place for years. A few amendments to those documents have been made and were issued to both RunningMaryland.com for the indoor track championships and Scholastic Sports Net for wrestling to ensure we had a proper contract regarding video streaming with both websites. The amended contracts have not been placed on the website but will be there prior to the Spring sports season. Furthermore, there is no set standard or mark to reach regarding broadcast revenue. We do not provide any broadcaster exclusive rights to our games. In fact, many times the same event has been broadcast by multiple broadcast outlets in the same town. We charge a very reasonable and fair fee for those contests. The purpose of No. 4 on the broadcast agreement is to show where the revenue generated will be redirected. Below is a listing of the fee structure we charge. FEE STRUCTURE - RADIO & TELEVISION BROADCASTS Radio TV Tape Delay and Video Streaming FOOTBALL - Regionals, State Semifinals, or Finals $150.00 $300.00 BASKETBALL - Regionals $50.00 $125.00 - State Tournament $100.00 $250.00 WRESTLING - Regionals $50.00 $125.00 - State Tournament $100.00 $250.00 ALL OTHER - Regionals & State $25.00 $100.00 SPORTS As you can see the revenue that would be collected through rights fees is minimal and does not place student-athlete performances on the auction block. What the contract does do is ensure broadcasters are held to certain criteria and accountability as well as provide a modest source of revenue to be returned to the student-athletes. Finally, allow me to comment about the regional wrestling tournaments. At one time many of those tournaments were conducted with 16 line brackets. Over the years, at the recommendation of the MPSSAA Wrestling Committee, regional tournaments were reduced to eight line brackets. There were two major reasons for the change. First, regional tournaments are conducted to determine the very best to compete for a state championship. Replacing a 16 line bracket with an eight line bracket that contains full wrestle backs provides the best opportunity for the top four wrestlers to represent each region. The reality is that wrestler ranked below the top eight in the region or who don't finish in the top 25 percent of their county or conference championships are not legitimate candidates for a state championship. Secondly, there were large numbers of unfilled bracket positions, especially in the upper weights, making regional competition inequitable. I hope I have been informative and helped clarify and answer questions. Sincerely, Andy Warner MPSSAA Assistant Director Phone: 410-767-0415 Email: rwarner@msde.state.md.us
Mr. Warner
You have been very informative and have clarified many confused perceptions on my part, which I appreciate. I’ve passed the information you’ve given with the wrestling community which will hopefully clear even more misperceptions and provide solid guidance. Some of the questions and comments below, in part, come from the wrestling community feedback your responses have generated.
It’s good to hear that the newer broadcast technologies are being addressed and the handbook is being updated. Those are positive steps at perhaps making MPSSAA events more accessible to the public. Does the MPSSAA have a marketing strategy? I can’t recall ever seeing or hearing anything about the MPSSAA except at MPSSAA events, or obviously on the Maryland Wrestling Forum. This makes me wonder how those contracts with Running Maryland and Scholastic Sports were developed and were the same opportunities offered to everyone? Anyway, it is a step in the right direction to have the amended contract guides available on-line soon.
Will this years regional wrestling brackets be available on the MPSSAA Wrestling site soon? On the old MPSSAA site there was a place to go back and look at previous regional and state tournament results, in PDF format, but the new site doesn’t seem to have them available. Is this something that is in the works?
The cost of the broadcast rights for MPSSAA seem very reasonable, and I’m curious why more main stream broadcasters don’t participate in showcasing our student athlete’s efforts. Perhaps that goes back to a marketing strategy?
I’m having a hard time understanding the explanation on the bracket of 16 vice 8 regional wrestling tournaments. Those tournaments are already broken up into two day events, the same as a normally run bracket of 16, full wrestle-back tournament. Obviously more time on each day would be required, but the revenue generated by having a larger number of participants would seem significant. This would also seem to allow more opportunities to more wrestlers who may not have been able to participate in all of the seasons events, due to injury or any other incident, weather for instance, that may have caused them to miss participating.
Another issue is the top 25% rule. Most county or conference tournaments are mixed between the 4A3A and 1A2A schools. A strong field in either division could preclude a good wrestler from the opposite division from placing in the top 25%. This has the potential of eliminating a qualified candidate from the regional tournament and possibly the state tournament. I understand regional tournaments are conducted to determine the very best to compete for the state tournament, but don’t agree that all wrestlers have the same opportunities, especially when you look at the strength, or lack of strength, of the schedule some athletic directors and coaches choose in order to get their wrestlers into regional tournaments.
The second reason you mentioned, unfilled brackets in the upper weights, may play a role in the smaller school division, but even if all the brackets were not filled, wouldn’t it be better to error on the side of more opportunities rather than deny anyone an opportunity to at success? I can’t see how allowing more opportunities for more wrestlers would make regional competition inequitable only because a few brackets may not be full. All other sports allow every team, understandably except football, an opportunity to participate, regardless of their record or points, in regional tournaments. Even with brackets of 16, this would not be the same for wrestling, but it would be better.
As always, thank you for your time and effort, your responses are valued and much appreciated.
Sincerely,
Dave Dyke
AA_Editor
Mr. Dyke, Hopefully the following information will help you understand a few of the different issues you have inquired about. The facts are that it is the responsibilities of the MPSSAA to establish and enforce regulations necessary to assure that all such activities are an integral part of the educational program of the state of Maryland. Our marketing strategy is always educationally driven rather than corporate or business driven. That is why state championships are not on the auction block. If broadcasters determine that they have a market and that their return out weighs the production costs, than usually a contract and broadcast is established. With RunningMaryland.com and Scholastic Sports Net, both determined that they had a market with their websites to video stream championships and a contract was enacted. The same occurred when Comcast chose to broadcast seven football tournament contests while some of those contests were being broadcast by other companies in different markets. The opportunity is available for all broadcast entities. The reasoning for those contracts is to ensure each company is held to a standard and a portion of the generated revenue is returned to the student athletes. In regards to other issue with how wrestling regional and state tournaments are conducted allow me elaborate a little more. First, it is important to understand how the policies are implemented. The state wrestling committee has representatives from all the districts in the state and develops polices that are written in the tournament bulletin. That bulletin than must be approved by the Board of Control, once again with representatives from all the state's districts. With that said, let me give you some rationale to these policies. Wrestling is unique to other sports and making a comparison by suggesting wrestling is not treated like other sports is correct. However, many argue wrestling has more opportunities than all other sports. For example, wrestling has two state championships (dual and open). No other sport has a double elimination state tournament. In addition, with the exception of indoor track and track and field, one can lose in the regional tournament and still go on to win a state championship unlike the other sports. All wrestlers are included into the regional tournament because the county and conference tournament, unlike other sports, opens the door for all wrestlers to earn a regional seeding. You may get a tough county or conference to compete in, but after all, that is part of progressing through the state tournament series. A 16-line bracket with full wrestle back also causes time and scheduling issues. If you look at the state tournament, wrestling begins at 2:30 on a Friday (weigh in at 12:30) and goes until 10:15 that night. Wrestling than starts at 9:30 the next morning and goes until 9 p.m. at night. That includes four mats per classification, eight mats total. Team travel from remote areas is also a consideration. Dismissing students from school adds further pressure to the situation. For better or worse, Principals are evaluated and schools compared by test scores. In today's educational world, those factors can not be ignored. From an educational stand point, requiring students to leave class for extra curricular activities does not come without a price. Finally, allow me to provide you with some information on the Regional and State wrestling tournaments. In a comparison with other state associations, 35 percent of those that participate in the first tournament of the state tournament series (county/conference tournament), qualify for the second tourney in the series as compared to 12 percent in Pennsylvania, 23 percent in Ohio, 22 percent in New Jersey and 24 percent in Iowa. One can counter with how large those states associations are which is true. Maryland has public school wrestling programs in 181 schools, compared to 486 in Pennsylvania, 650 in Ohio, 327 in New Jersey and 290 in Iowa. Maryland uses two classifications as does Pennsylvania while Ohio and Iowa use three and New Jersey one. Even if Maryland had one classification instead of two, it would have less schools competing for the 14 state titles than three of the other state associations, providing more opportunity for student athletes while keeping a competitive tournament that provides the best competition the state has to offer. In addition, here is some other information regarding how the top regional seeds did in the state tournament. 2005 and 2007 Results Comparison:
Champs 2005 24 of 28 state champions were 1st seed in region 28 of 28 state champions were 1st or 2nd seed in region
2007 25 of 28 state champions were 1st or 2nd seed in region 28 of 28 state champions were 1st or 2nd seed in region Finalists 2005 56 of 56 state finalists were seeded 1st-3rd in region 2007 54 of 56 state finalists were seeded 1st-3rd in Region (2 finalists 4th seed) Place Winners
2005 1st-4th: 111 of 112 were seeded among top 5 in region 1st-6th: 165 of 168 were seeded among top 5 in region 2007 1st-4th: 112 of 112 were seeded among top 5 in region 1st-6th: 165 of 168 were seeded among top 5 in region As you can see the seeding in the regional tournament has some compelling information about who is advancing and winning state titles and top places in the state tournament. Hopefully I have been able to give some useful information in an effort to address a number of the different issues we have discussed. Thank you for your understanding and please accept my best wishes in all your future endeavors. Andy Warner MPSSAA Assistant Director Phone: 410-767-0415 Email: rwarner@msde.state.md.us
If you wish to view the streaming video of this years public high school state wrestling finals, you will need to visit watch$$n.¢om. Enjoy their advertising and self-promotion while you wait to view a commercialized version showing amateur athletes as they compete in public high school events. If you desire a copy of the DVD, I believe $cholastic $ports Net will charge you $15 per DVD.