Chapter IV of the Copyright Act deals extensively with cases of fair use.
These include quotation (Art. § 34 (1)), copying (Art. 34 (2)) and adaptation
of a work for educational purposes (Art. Section 34(4)), but in all three cases,
it is required to give credit to the author or licensor.
In the classroom, it is not yet automatic to expect pupils to produce
completely legal material. To prevent copyright complications it is best to
include open-source and public-domain images, music or video content in
digital stories. There are many libraries and educational databases whose
content is freely accessible and usable as part of cultural heritage. A good
example is the Digital Storytelling Festival competition run by Europeana and
The HeritageLab, where anyone can submit a digital story without paying
a registration fee. In order to participate, the digital story must include at
least one open-source work from a database made available to any cultural
institution in the world. Another important condition for participation is that
external sources must be acknowledged in the video. The third condition for
participation in the competition is that the creators must indicate which CC
license they wish to claim for their video.
The legal aspects of DST also include the issue of personal rights regulated
by Act V of 2013 on the Civil Code, in particular, the right to image and
sound recording, which requires the consent of the person in the image or
sound recording - except in the case of a mass recording or a recording of a
public performance (Civil Code, Art. 2:48 (2), (2)). To ensure that personal
rights are respected, the creator is required to obtain the consent of the person
concerned when recording a person’s image or voice.
It can be concluded that planning is a key element of the DST method.
The preparatory phase should establish the privacy rules for the process.
Informational materials, declarations, and agreements have to be prepared so
that the facilitator can provide them to participants or, in the case of minors,
to their parents before and after the process. Ban and Nagy (2016) mention
among their introductory objectives the clarification of copyright issues and
the future use of the videos. Before the DST workshop, participants should
also be informed about the rules of group communication and participation.
After the workshop, participants should sign a copyright and disclosure
statement (Ban and Nagy, 2016, p. 80), which can be supplemented by a data
management statement for both education and research. This ensures that
participants feel safe at the workshop and have an understanding regarding
the use of their digital story.
As part of the planning process, the facilitator should inform the
participants about the possibility of searching for copyrighted content and
using Creative Commons licenses, as well as the requirements and conventions
for referencing, before the creation phases (i.e., writing, creating and searching
for images, searching for background music, and editing).