Shown: Whole school portrait of Dr. Martin Luther King, Jr.**
Alternate lesson: Use only outlines of words - fill in same way

NOTICE TO TEACHERS: Permission to use Dr. Martin Luther King, Jr.'s image for this lesson is pending. Martin Luther King Jr. was a private citizen and the family wants to maintain his rights of publicity. According to the estate, any display of a portrait of Dr. Martin Luther King Jr. requires permission of the family. See below*

   
  (click images for larger views)

Materials for Group Project:

Brown craft paper (or any color), construction paper, bold marker, fine point markers

Objectives:

Character development - What makes a hero? - Appreciation of art form "micrography":Art with text - Awareness of copyright law/intellectual property rights

Details for the Group Project may be found on Education World® Teacher Feature

Preparation:

1. Plan ahead. Contact the Estate of Dr. Martin Luther King, Jr. for permission to use his image. Putting your large micrography image up on your school wall can be viewed as public display. Save your correspondence.  They DO NOT see your use as Fair Use.  It will take considerable time to fill out the permission forms. See another way.
2. Find a quality photograph of Dr. Martin Luther King, Jr. to use as a guide. Contact the copyright holder of the photograph for permission to use the photograph - or graphic image. Save your correspondence. In reality, they will see this as Fair Use and may not take the time to respond. 
3. ALTERNATE IDEA: Use only words - draw outlines of words on large craft paper.

Procedures:

1. Brainstorm with student on What makes a hero - what makes a person of good character (characteristics)?
2. Present the life of Dr. Martin Luther King, Jr.  Share his values, dreams (or present a different hero - Rosa Parks may not be an option?)
3. Briefly discuss Copyright/Intellectual Property Laws - stating that it is a violation of copyright law to manipulate a copyrighted photograph (you should try yourself to obtain permission to use one that you find online - save copy of your request). Tell students that you have made an effort to obtain permission (but that your request has gone unanswered - which will be the case from my experience). Also tell students that your use falls under Fair Use - for teaching purposes (even though you are making a "derived" work) Students at least need to see that you made an effort to follow the law.
4. Prepare a large wall portrait of Martin Luther King, Jr. on craft paper (a couple of students could work on this - using a high contrast photograph. Just have outlines of shapes - lightly in pencil (there will be no bold outlines on portrait) ALTERNATE: Use words only "We're Keeping the Dream Alive" in big block letters.
5. Students make a pledge to "judge others by their character, not by the way they look".
6. All students sign portrait (or ALL Students sign inside words only: "We're Keeping the Dream Alive." Fill in with character words if not enough signatures to fill in.)
7. If not enough student names to fill in - use character words.
8. Make a border for portrait - use Nora's idea or one of your own. Maybe surround portrait with Character words printed on colored paper (to include technology integration)
9. Make arrangements with administrator and Parent Organization to make this a semi- permanent display. Cover it with Plexiglas that can be removed each year to put up a newly made portrait with new signatures. Each year, a new hero could be on display. (NOTE: This would probably not be approved for the use of Dr. Martin Luther King, Jr.)

Materials for individual project:

"Parchment" paper (or other type of nice quality paper), Digital photographs of heroes, computer software to make high contrast ("posterize"), printer, pencils, ultra fine point markers (or micro-pens), Word® (or other document software). Seral® transfer paper (or Ebony pencils)

Objectives:

Same as above - PLUS - integrate technology - "posterize" a photograph - practice copyright procedures (write permission letters)

Preparation:

1. Come up with your own list of names. Make your own collection of "heroes" photographs that will be suitable. Chances are, your students will want to select contemporary stars/sports/singers and such and it will be very difficult to get permission to use their images. Try to sway students to people who have really made a difference in the world.  
2. Send request to use images/photographs for those that are not in public domain. Save all of your correspondence. 
3. Be aware that the estates of many individuals hold the rights to publicly display their image (this includes John Lennon and a host of other celebrities). NOTE: Have students who are using Dr. Martin Luther King, Jr. fill out a licensing agreement (with your help). Of course, you will have already obtained permission in advance for them.

Procedures:

1. Students select a "hero" of their choice - suggest African American or African (for Black History Month - but leave it open for them to select other heroes).
2. Find quotes by selected hero and brief biography - print these out 
3. Find a photograph (or portrait) of Hero online - look for one that is the largest file size possible as students will need to enlarge the photo to fit 8 1/2 by 11 page)
4. Write a permission to use image request to use photographs that are not in public domain. The majority of sites where you find the photograph/image you select will not have the name of the copyright holder, so email the webmaster for permission along with your lesson intent. From my personal experience
5. Posterize photograph using photo editing software to enhance contrast. Size photograph to about 8 (or 7 1/2) by 10 
6. Print out photograph - just black and white.
7. Transfer photograph to good drawing paper (or parchment paper) using Seral transfer paper - or graphite on the back with Ebony pencils.
8. Fill in portrait with quotes and words from the biography (Micrography)
9. Students write a short biography from authoritative resources found online or from resources in library. Save resources and document (show students correct way to cite sources)
10. Display written biographies with micrographic portraits.

Alternate: Students enlarge photograph to desired size (8 1/2 x 11 paper or 9" x 12") using grid method.

National Standards and Interdisciplinary Connections - from Education World®

Dr. Martin Luther King, Jr. Quotes:

Rarely do we find men who willingly engage in hard, solid thinking. There is an almost universal quest  for easy answers and half-baked solutions. Nothing pains some people more than having to think. ~ Martin Luther King Jr., "Strength to Love", 1963  

One day we must come to see that peace is not merely a distant goal we seek, but that it is a means by which we arrive at that goal. We must pursue peaceful ends through peaceful means. ~ Dr. Martin Luther King Jr.

Dr. Martin Luther King - Civil Rights Resources:

Short biography  Photographs  High contrast line art -easily adaptable to words

U.S. History - Civil Rights Movement - from Best of History Web Sites

Links below are approved by the Dr. Martin Luther King, Jr. Estate. Students should look here first. Permission has been granted by the Estate for these sites to show resources.

Martin Luther King Online (MLK Online)

Martin Luther King, Jr. "I Have a Dream" Speech

Martin Luther King, Jr., Research and Education Institute  Biography

Nobel Prize - Biography

Tribute to Dr. Martin Luther King

The King Center has biographical information. Link can be found on line (permission is needed to link)

Teachers should browse for more acceptable sites if needed. Do not allow students to use sites the do not display the license agreement with the King Estate and copyright statement.

Resources:

Martin Luther King, Jr. Day Curriculum Resources from National Education Association

Educators Guide to Copyright - from Education World® this information appears to be accurate - the only thing lacking is information about celebrity rights (for using their image).

Copyright and Fair Use - See Right to Publicity Standford University 

Copyright with electronic media. Created by Hall Davidson -  has quiz's for teachers and students and a two page quick guide to copyright. 

Copyright, Trademark, Intellectual Property Guidelines this is what Cafe Press has outlined for merchandise through their company - it follows the letter of the law. Give you an idea what can and can not be marketed.

Summary on Publicity Rights Dr. Martin Luther King, Jr. was a private citizen

Who Owns Culture?  article by Maureen Turner

Character Education Heroes in Time lesson

Micrography - Word as Art - Micrography is the scribal practice of employing minuscule script to create abstract shapes or figurative designs. A traditional Jewish art - but does not have to be about religion.

LA Pop Art What is Micrography? Select works from this site that you can show students. See Ronald Regan, Albert Einstein and others. Posters from this site are very affordable.

Submitted by Jan Hillmer
Lesson: Words of Thanks - Native American cultures - school wide display

From Jan: Years ago I did something along this vein, combining Native American studies and Thanksgiving.  I drew a tight and many looped spiral on a very large piece of white paper (that huge paper on rolls).  With pen, I had all my students (K-6) write their name and one thing they were thankful for along the spiral, working from the middle and going out.
Then I crumpled and stained the paper with very watery brown paint - so you could still see the signatures.  After cutting out around the outside perimeter of the spiral, I mounted it on the bulletin board along with the heading, "Our Shield of Thankfulness".  I drew some large
feathers, cut them out and hung them with yarn along the sides - resembling a Plains Indian Shield. This attracted a lot of attention.

*Lesson in Copyright/Intellectual Property Law

NOTE TO TEACHERS: I have written to the Estate of Dr. Martin Luther King, Jr. asking permission for you to use Dr. Martin Luther King, Jr. as a hero for group project. You will need to plan ahead, it may take 5 to 8 weeks to get a reply. 

Contact:  Leslie R. Chavous
Licensing Coordinator
IPM/ The King Estate
449 Auburn Avenue
Atlanta, GA 30314
404-526-8968
404-526-8969 Fax

You will receive a form to fill out stating your purpose. The form needs to be filled out and returned along with copies of your lesson materials. Request the non-profit organization form. I had to fill out a licensing agreement and non-profit form. You might need only the non-profit form. I regret to inform you that my request was not answered. I have returned the images to this lesson page (12/10/07) and will remove them at the family's request. It has been almost two years since I wrote. My advice to you is to do the lesson. 

Teachers need to be aware that use of Dr. Martin Luther King, Jr.'s image may be a violation of copyright/intellectual properties/publicity rights law (The Fair Use provision gives teachers some leeway). In addition, manipulating copyrighted photographs (without permission of the copyright holder)  is a violation of copyright law. The following information is copied from the Dr. Martin Luther King, Jr. Center web site (see terms of use):

"To seek permission to use the intellectual property of Dr. Martin Luther
King, Jr., which is owned by the King Estate and which includes right of
publicity to his name, likeness and image; his copyrighted words; and his
recorded voice; please contact Intellectual Properties Management (IPM),
manager of the King Estate."

Yes, the image of Dr. Martin Luther King, Jr. can be found all over the Internet, but I feel it is important to teach students "real world" lessons. I have written the manager of the King Estate for permission to keep this lesson on Incredible Art Department (1/16/2006) and will remove it at their request. Clarification email sent: 1/17/2006) 

Here is a real case - just for your information:
MARTIN LUTHER KING, JR. CENTER FOR SOCIAL CHANGE, INC. et al. v. AMERICAN HERITAGE PRODUCTS, INC. et al. from University of Connecticut Law Department 
Of course, this case is about someone selling a bust of King - I am certain Coretta Scott King would be flattered that you are using the image of King in the manner that you are doing, however, if you are a practicing artist and want to sell prints of the micrography that you create, you must get permission - and a licensing agreement would have to be formed. If your class project were to be a mural permanently installed, you would certainly need permission for such a display. I doubt the estate will want to keep children from admiring this great man.

Have your students find suitable photographs, have them look for contact/copyright information on the site. Have them write a permission to use letter. I will draft a sample if you wish. Include the importance this lesson has in teaching character education - and values. Also include that this is for educational, non-commercial use - but you also wish to publish the works on your school web site (or maybe send to Incredible Art Department). It is my advice to include this as well " If I do not hear back from you, I will assume that you also determine this to be Fair Use - for educational purposes - and assume your permission is granted to make this derived work". The is not a legal defense - but it is practical. How long should a student be forced to wait for a permission to use letter to arrive?  Should you choose to put the images on your web site, and a copyright holder recognizes their work was used to inspire, the worst that will happen is you/your school will get a letter asking the images will be removed. Of course the images will be removed immediately, and you will also produce your letter requesting permission along with your apology. It is almost impossible for you to get permission - or to even find the copyright holder. Then of course, in the case of a celebrity, you may also get permission from them (as they own the rights - as in a case with Tiger Woods -Tiger lost one case that I found, but won another. I allowed a student to use Tiger Woods several years ago and now post a public apology to him even though that work was not displayed on line - it was display in the school hallway)

For an easy to understand source on Copyright Law see:

Educators Guide to Copyright - from Education World® this information appears to be accurate - the only thing lacking is information about celebrity rights (for using their image).

What if the students want to do popular stars and sports heroes? Celebrities have publicity rights. In a sense, you are displaying their likeness publicly in your school. Generally, use for biography is acceptable use. First amendment rights do give your freedom of expression to make a portrait of your desired celebrity, however, if you were an artist trying to sell your work, you would have to get permission to market your work (for instance if you wanted to make prints of micrography to sell). Even after death, many estates hold the rights to display the likeness and a licensing agreement must be obtained.

Privacy and  Publicity Rights from Library of Congress

How to Legally Do a Portrait of Dr. Martin Luther King, Jr. 

Here is an easier way.

I believe that Freedom of Expression* allows the child to select Dr. Martin Luther King, Jr. as his/her hero.  Student Guide to Freedom of Speech

I did find images of Dr. Martin Luther King, Jr. when I searched in Google images for Martin Luther King public domain. I will provide images for you if needed where permission is already granted for in class use already (email me in advance).

You can change the scenario....

Have the lesson that the student was commissioned by the local newspaper to create a portrait for a story/article they are running on Dr. Martin Luther King, Jr. for Martin Luther King Day. (There permissions are already assumed for the child).

You will not be able to publish the student work on your school web site or display publicly unless you receive the licensing agreement to use King's image.

Add in your lesson plan something like this:

Use of Dr. Martin Luther King, Jr.'s image constitutes "fair use" of such material as provided for in section 107 of the U.S. Copyright Act. The image of Dr. King is intended primarily for research and educational purposes, has been previously published, and is used without profit or publication.

Don't give up ....Keep the legacy of Dr. Martin Luther King, Jr. alive.... I have a dream, too.

*Freedom of Expression® 

**How to Legally DO Group Micrography Portrait

Children have rights to Freedom of Expression, too. How can we tell them that in order to honor Dr. Martin Luther King, Jr (who we celebrate with a national holiday) that they need permission? They will have a hard time understanding this. Allow the children their freedom of expression - but also respect the rights of the Estate of Dr. Martin Luther King, Jr. They may want to enter into a licensing agreement allowing you to display your group micrography portrait. They are not permitted to tell you that you can not make the portrait. The licensing forms actually do request to see the finished product.

1. Teachers, do your paper work to satisfy the Estate of Dr. Martin Luther King, Jr. Contact me (Judy Decker - email address on home page) and I will send you the forms I filled out which will save you a lot of time. If you like, I will even edit mine to your school name and contact information and will return them to you for your signature.

2. Do your group micrography project as described. The Licensing form requires that you send in a sample for their approval before granting the license to display the portrait. Assemble your portrait and take a quality photograph of it.

3 Remove the micrography portrait from your wall. Roll it up until your get the approval from the Estate to display your portrait.

4. Submit your licensing form (I will send one to you ready to go, at your request). Include on your licensing form that if your project is not approved, you will send the original student work to them at their request (as they do want to keep all original samples and files that are submitted).

5. Display your portrait for the length of time supported by the Estate - or destroy the portrait if requested to do so. 

Add to your lesson plan that use of Dr. Martin Luther King, Jr.'s image constitutes "fair use" of such material as provided for in section 107 of the U.S. Copyright Act. The image of Dr. King is intended primarily for research and educational purposes, has been previously published, and is used without profit or publication.

Add to your lesson that this is also a lesson in marketing and licensure of intellectual property. Any organization wanting to display a memorial of Dr. Martin Luther King Jr. is required to submit plans and sample of the proposed memorial. You are just doing the same thing in creating your student made sample for their approval.

The estate wants children to help educate the public on their rights to control the use of his image. I only discovered this through extensive research and am passing this on to all art educators. If you want another idea on how to make this even easier, please contact me (email on home page). Teachers, please help keep the dream of Martin Luther King alive.

[MIDDLE SCHOOL ART]