d new media narrative

se in education

he Classroom: New Media Pathways to Literacy, Resource links

. Learn more about Jason's book about digital
edia narrative in education. Read reviews,  Digital
tents, or purchase the book. Would you like storytelling
distance?" Then contact us to receive a  Handouts
to the inside cover.  Keynote
a Collage. This article appeared in the Feb- video clips
ucational Literacy, and addresses the many  Quotables
rate in the digital age, including the ability to  Wisdom lists

Storytelling Links
and fair use in education
arts. I have divided my storytelling resources • Part I -
h its own web page. All five parts are Storytelling,
menu in the right margin. literacy, learning
• Part II - Art
s of storytelling
• Part III -
Technology,
techniques,
he gray zone resources
hers want to know • Part IV -
aw says Assessment
ense copyright
s of respect  Part V -
test Copyright, fair
urt cases use
the gray zone
sources Related links
urn to main storytelling site
• Read "Art
Becomes the 4th R"
ght, Fair Use and Education. It addresses in Spanish & several
ducators about what is legal, ethical and other languages
mes to students using someone else's materials • Books
• Recent keynotes
site is not intended to be used as legal
uld be used simply to help you develop your Share this page
copyright and fair use issues as they relate to
ce. • Slashdot it!
ward the classroom teacher. I assume you • Digg this
esources to spend on incorporating digital
urriculum. That is why I tend to think in terms
that can yield high academic and creative
• Go del.icio.us

iving in the Gray Zone

ame to town...
"...well, now, that's sort of a gray area..."

day a lawyer came to my institution to explain

TEACH Act, a vague enactment of government
legalities of using electronic material in
The lawyer's presentation was well attended
re confused about academia's legal
gards to faculty and student use of materials
everyone else who had come to hear the
forward to finally getting some clarification.
esentation that was muddy at best, the lawyer
hile there were plenty of them about a number
answers all began the same way: "Well now,
ea..." I'm not kidding. In short, we all came for
yity. Had the Q & A session been a Monty
ve been hilarious.
ampoon the lawyer. In fact, the issue of fair
d it is a gray area that has sprung up over
years ago it was too difficult to include
n a project. Now it is too easy. We are all
erstand what this shift means.
of copyright and acceptable use is indeed a
nly point do all copyright specialists seem to
r use is unique and needs to be considered on

llows will hopefully shed some light on how this

vigated. It should also give readers a sense of
defined. Remember: This site does not offer
kind and should not be construed as doing so.
ed about the legality of something, ask your
or advice.

to know
s of copyright, teachers want answers to

s use graphics they find on the web in their

s use music in their digital stories that they

om the Internet or commercial CDs?
ents cite works? Ask permission? Both?

arding the world of creative content should I

nts?

yer and don't play one on TV...seek legal advice

when in doubt

Act and a good deal of commentary about it

y limited understanding of what it says about
n school projects, like digital stories. Below are
relate to using material in projects:

nimation: Students can use 10% or 30

movies and other works, whichever is shorter.

s can use 10% or up to 1000 words from a

horter.

hotos, graphics: This is more vague.

o more than 5 images from one artist; they can
ks from a collection, whichever is smaller.
e court cases summarized on this site suggest
e like guidelines than laws.

right
ng fails us, there are always common sense,
pect for others' property to fall back on - just
us. They provide a great place to start our
dents about using other peoples' material in
ether they help to produce a defensible legal
n help students develop their own perspective
asonable and fair in a true constructivist
e a good (though incomplete) introduction to
actually does say.
For many students the stumbling block in
re of "fair use" is the altered nature of theft in
e your car, I have your car and you don't. But
song, you still have your original copy. I don't
ng, but rather I deprive a third party, musicians
mpanies, of something that results from it:
d possibly royalties, and thus a means to make
eone of royalties is very real yet conceptually
ly to the young mind. However, asking
e the following helps them focus on the realities
ht in very real ways: "If you were trying to
ician, how would you react if someone
n bought your music?"
 at this issue is black and white - it is indeed
of discussion about what the public should be
hted music, particularly within a non-profit, fair
estion helps students gain a perspective they
nk about this issue broadly and deeply.
t
ect- respect for other people's work and how
be used and credited. There are three levels
at help frame this discussion for students:

nts must cite all material they use in a digital

ame respect for graphics, words, music and
expect them to show when quoting a journal
minimal level of respect and must always be

hen possible, also ask permission. Many

email contact.

ng "asking forgiveness is easier than asking

ctical terms, what happens if you ask
n original graphic from someone's website, are
e graphic still falls within "fair use" guidelines?
lright. I can tell you this: no one has ever
ent of mine use a picture or other piece of
al purposes. Often they are grateful they were
ns if you try to contact someone, don't hear
of the graphic falls within fair use? In my very
u have passed the test of respect and have a
r using it. By the way, be sure to find out if the
are using wants to be cited. Most do, but

Typically anyone who requires compensation

materials will be very clear about it. Feel free
exceptions for educational use. But if they
pensated, then pay them or don't use their
s that simple. However, I appreciate that to
mple. This is one of those issues that is
y-case basis in the legal system. However,
ng, I strongly encourage you not to push the
meone wants to be paid for their material, and
ant to pay them, then don't use their material.
Test
termining fair use is what is commonly called
test," which offers guidelines in terms of the
f you want to know more about the four factor
ng the University of Texas's site devoted to this
more detail than I provide here:
aracter of the use? Non-profit, educational
, less apt to raise legal red flags) than

ture of the work to be used? Factual,

s better than imaginative, creative work.

he work will you use? As obvious as this

ll amount is better than more than a large

use were widespread, what effect would it

et for the original? The less your use of the
with or takes away from sales, the better.