Penn State student newspaper, ‘The Daily Collegian,’ refuses to negotiate predatory contract with staff
As a united group of 25+ unpaid student volunteer staff members at the Daily Collegian we would like to publicly address our frustration with the paper’s leadership.
// The Situation //
On Nov. 17, 2020, it was discovered that the Daily Collegian would be issuing a contract that would grab the copyright of all student volunteer created works.
Under the advice of the National Press Photographers Association Attorney Mickey Osterreicher, the Student Press Law Center and others we did not feel this contract was fair nor did we believe it should be signed.
On Nov. 18, 2020 the contract was issued to be signed and retuned by Nov. 20, 2020. Staff immediately started organizing in an attempt put a moratorium on the contract so further discussion between staff and leadership could take place.
A letter signed by a large group of staff members was sent to Editor-in-Chief Maddie Aiken, C.E.O. Wayne Lowman and Board President John Dillon on Nov. 20, 2020.
The letter asked for a seat at the bargaining table, the right to own the work we create while at the paper, the removal of an indemnification, the addition of a clause indemnifying those working for the paper and the nullification of any prior contracts signed by unknowing volunteer staff.
On Nov. 20, 2020 after the letter was received an indefinite moratorium on the contract was placed.
“We received the letter and we’re considering all points so that the Collegian can continue to be fair and supportive of students while preserving its operation for students now and in the future.”
- Wayne Lowman, C.E.O.
We were pleased to know that our letter had made some headway when the staff was notified the contract would be suspended while the situation was worked out.
What we were not pleased about was what followed.
On Dec. 15, 2020 – after no communication or conversation between our group and leadership – a new contract was issued.
This new contract — though reworded — did not address any of the concerns made in our letter.
On Dec. 19, 2020 a new letter was drafted and sent by the same large group of staff members to Editor-in-Chief Maddie Aiken, C.E.O. Wayne Lowman and Board President John Dillon.
The letter again asked for a seat at the bargaining table, the right to own the work we create while at the paper, the removal of an indemnification and the addition of a clause indemnifying those working for the paper.
Along with the letter sent on Dec. 19, 2020 by our group of staff, the National Press Photographers Association attorney Mickey Osterreicher sent a letter of his own condemning the contract and offering his advice.
On Dec. 22, 2020 an email that contained a frequently asked questions document was sent out by Editor-in-Chief Maddie Aiken. This document took aim to discredit the claims made in our letters and misrepresented the contract itself.
Today, Dec. 23, 2020, the contract is due to be signed and as we pass this date the water has become even more muddy with texts messages from leadership telling group members they are unwilling to negotiate.
// Why it matters //
The mission of The Daily Collegian is “to publish quality media products for the Penn State community and to provide a rewarding educational experience for the student staff members.”
This statement is not being upheld without a meaningful and productive discussion. We should not be faced with a predatory take-it-or-leave-it agreement that we don’t agree with when this paper is dedicated and run for the education of us the students.
We are a group of young unpaid student volunteers working solely to build our journalism portfolios or try something new.
This is an educational experience, if we were being paid or on staff at a for profit publication giving up our copyright would be considered an industry standard but, this is not the case.
The Collegian claims it drew up this contract by heavily following the SPLC’s model contract. (This link has been taken directly from an email sent by The Daily Collegian)
John also reviewed the Student Press Law Center’s model copyright agreement. This updated contract was heavily influenced by SPLC’s model.
- Collegian Contract FAQ
Yet, in the SPLC’s model the student staff member retains all rights associated with ownership of the works and licenses the work to the paper under a nonexclusive license.
The SPLC also states “any future use of the works by the publication (beyond normal subscription and reprint fees, if any) requires an additional license from the staff member.” and the publication must seek approval when redistributing a student work for-profit use and non-profit use.
These are all things we are asking for yet none of them are found in the contracts issued. There is simply no way that the contract that has been issued has been based at all on the Student Press Law Center’s model contract.
We take issue with our content being used in a promotional way or being sold because we may not have control over how that work gets used. Not only could this lead to litigation of the student, but it will cause the student to lose out on money they could have made licensing said work.
We are also concerned with the vague language surrounding the “release” of copyright as currently stated in the contract. This vague wording implies the works created by students would be released of all rights and put into the public domain after 15 months. This would mean that the works created by students would be able to be used by anyone, without compensation, wherever and whenever.
We deserve a seat at the bargaining table. This predatory contract takes advantage of young and unknowing students, and must be changed immediately and all other contracts nullified.
// Statements from staff //
“This disagreement does not have to result in firing the entire photography staff and a significant portion of writers. This disagreement does not have to be resolved with negativity. It is my most sincere hope that we can sit down with the Collegian’s leadership and talk this through.”
- Quincey Reese
“This situation that we’ve found ourselves in is a direct attack on that central mission that the Collegian creates for young journalists. The mission of nurturing, educating, and the teaching of the next generation of journalism professionals has been hijacked by a predatory legal [document] that threatens to exploit the hard work of young journalists taking their first steps into the field.”
- James Ricardo
// How to help //
Let our advisors and editors know that it is not okay to take advantage of student journalists. Share this article or express your concern by contacting Collegian management:
CEO, Wayne Lowman: 443–974–0534 / gmpsudc@gmail.com
Editor-in-Chief, Maddie Aiken: editorinchief@psucollegian.com
Board President, John Dillon: jad53@psu.edu
Call the Daily Collegian office: 814–865–7166
