Overview

"According to the Oral History Association, the term oral history refers to ""a method of recording and preserving oral testimony"" which results in a verbal document that is ""made available in different forms to other users, researchers, and the public."" Ordinarily such an academic process would seem to be far removed from legal challenges. Unfortunately this is not the case. While the field has not become a legal minefield, given its tremendous growth and increasing focus on contemporary topics, more legal troubles could well lie ahead if sound procedures are not put in place and periodically revisited. A Guide to Oral History and the Law is the definitive resource for all oral history practitioners. In clear, accessible language it thoroughly explains all of the major legal issues including legal release agreements, the protection of restricted interviews, the privacy torts (including defamation), copyright, the impact of the Internet, and the role of Institutional Review Boards (IRBs). The author accomplishes this by examining the most relevant court cases and citing examples of policies and procedures that oral history programs have used to avoid legal difficulties. Neuenschwander's central focus throughout the book is on prevention rather than litigation. He underscores this approach by strongly emphasizing how close adherence to the Oral History Association's Principles and Best Practices provides the best foundation for developing sound legal policies. The book also provides more than a dozen sample legal release agreements that are applicable to a wide variety of situations. This volume is an essential one for all oral historians regardless of their interviewing focus."

Full Product Details

Author:   John A. Neuenschwander (Professor emeritus of history, Professor emeritus of history, Carthage College)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Edition:   2nd Revised edition
Dimensions:   Width: 15.50cm , Height: 1.30cm , Length: 23.10cm
Weight:   0.200kg
ISBN:  

9780199342518

ISBN 10:   0199342512
Pages:   176
Publication Date:   30 October 2014
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Contents Preface A Note on Legal Terms The Use of State Cases The Use of Federal Cases Prevention Is the Key Acknowledgment Chapter 1 A Case Study Chapter 2 Legal Release Agreements Drafting Legal Release Agreements Deed of Gift Agreements Contractual Agreements Prefatory Language Future Use Clauses Transfer of Copyright Transfer of Copyright by Nonexclusive License Restricting, Sealing, and Masking Identity Exculpatory and Indemnity Clause Warranty Clauses Right of Publicity Clauses Legal Release Agreements for Interviewers IRB Modifi ed Agreements Legal Release Agreements for K-12 Projects Explaining Legal Release Agreements Conclusion Chapter 3 Compelled Release of Interviews: Subpoenas and FOIA Requests Oral History as Evidence Oral History and Discovery in Civil Cases Oral History and Discovery in Criminal Matters An Arson Investigation A Criminal Damage Investigation The Boston College Case Impact of the Boston College Case on Oral History? Is There an Archival Privilege? Informing Interviewees That Restrictions Are Not Absolutes Certifi cates of Confi dentiality Admissibility by Statute Special Hearings and Proceedings Freedom of Information Requests Conclusion Chapter 4 Defamation Republishers Beware The Elements of Defamation The Dead Cannot Be Defamed Statute of Limitations Organizations Also Have Reputations Public Figures Bear a Heavier Burden Negligence versus Actual Malice Limited-Purpose Public Figures Once a Public Figure Always a Public Figure Pure Opinion Is Not Defamatory, But The Major Categories of Defamation Professional Competency: A Special Concern Suggestions for Avoiding Defamation Lawsuits Chapter 5 Privacy Issues: The Stealth Torts False Light False Light versus Defamation Common False Light Claims Docudramas and Photographs Possible Links to Oral History Public Disclosure of Private Facts Disclosure of Private Facts in Public Records Passage of Time and Public Figures Possible Links to Oral History Right of Publicity Possible Links to Oral History Do the Dead Have a Right to Privacy? Conclusion Chapter 6 Copyright Copyright in Nonfiction Works Copyright Protection of Oral History: A Case Study Using Nonfi ction to Create Fiction Ownership Joint Works Works-Made-for-Hire The Five Exclusive Rights of Copyright Length of Copyright Protection Licenses and Transfers Fair Use of Interviews? Suggestions for Analyzing Potential Infringement Pre-Lawsuit Responses to Possible Infringement To Sue or Not to Sue? A Remedy for Infringement in Cyberspace Registration Status Is Crucial Selective Registration The Orphan Interview Problem Resources of the U.S. Copyright Office Copyright and the Federal Government Copyright Protection Elsewhere in the World How to Dispense with Copyright Chapter 7 Oral History and the Internet Legal and Ethical Authority to Upload Copyright and the Internet Protecting Copyright Online Click-Wrap Agreement Web Sites Notice Only Web Sites Free Access Web Sites Using a Creative Commons License The Privacy Torts Online Conclusion Chapter 8 Institutional Review Boards and Oral History Origins and Applications Trying to Redefine Research The IRB Mind-Set Exempting Oral History from IRB Review The Best Approaches to an IRB Conclusion Chapter 9 Is There a Duty to Report a Crime? Societal versus Legal Expectations Federal Misprision of Felony State Misprision of Felony Confession versus Accusation Legal Duty? Professional Ethics? Personal Ethics? Conclusion Appendix 1 Sample Legal Release Forms 1. Deed of Gift 2. Deed of Gift with Restrictions 3. Contractual Agreement 4. Contractual Agreement with Restrictions 5. Deed of Gift: Volunteer Interviewer 6. Deed of Gift: Independent Researcher 7. Deed of Gift: Interviewer as Joint Author 8. Deed of Gift: Next of Kin 9. IRB Consent Form 10. IRB Consent Form & Deed of Gift 11. Permission to Use: Middle & High School 12. Work-Made-for-Hire Agreement 13. Assignment of Copyright in a Work Intended as a Work-Made-for-Hire Appendix 2 Principles and Best Practices for Oral History Notes Suggestions for Further Reading Recommended Web Sites Index

Reviews

Praise for the first edition: What this excellent volume does provide, in an interesting, well-read, carefully-developed manner, is a strong practical foundation for oral historians to stand upon in advance of their enterprise. American Journal of Legal History All historians whose subjects are still alive will benefit from this book, and I suspect that all historians will enjoy the crisp narrative. I hope this book finds its way into the hands of many historians and I look forward to hearing more about the ways that law shapes how we behave as historians, as we try to negotiate copyright and privacy law. Oral History Review Here is the essential legal guide for all those who interview, collect interviews for libraries and archives, or use interviews for their own research. As a history professor, lawyer, and judge, John Neuenschwander is uniquely qualified to explain the various aspects of oral history and the law and to help oral historians avoid legal problems and resolve those issues their work may encounter. Donald A. Ritchie, author of Doing Oral History John Neuenschwander is the undisputed expert regarding the legal aspects of oral history. He has been an outstanding and visible presence for practitioners in this field, and his writings have successfully addressed a significant need. Libby Van Cleve, Yale University This book is a 'must read' for oral historians, records managers, archivists, manuscript curators, librarians and lawyers who advise them. Gary M. Peterson, Esq., co-author of Archives and Manuscript Law [A] lively and accessible guide. Oral History Neuenschwander's clear articulation of ethical standards and their relationship to legal issues fills the gap when there is little or no precedent. The American Archivist

A careful reading of this book will benefit anyone seeking to conduct, publish, or manage oral history interviews to high ethical standards and with low legal risk. * National Genealogical Society Quarterly * Neuenschwander's clear articulation of ethical standards and their relationship to legal issues fills the gap when there is little or no precedent. * The American Archivist * [A] lively and accessible guide. * Oral History * This book is a 'must read' for oral historians, records managers, archivists, manuscript curators, librarians and lawyers who advise them. * Gary M. Peterson, Esq., co-author of Archives and Manuscript Law * John Neuenschwander is the undisputed expert regarding the legal aspects of oral history. He has been an outstanding and visible presence for practitioners in this field, and his writings have successfully addressed a significant need. * Libby Van Cleve, Yale University * Here is the essential legal guide for all those who interview, collect interviews for libraries and archives, or use interviews for their own research. As a history professor, lawyer, and judge, John Neuenschwander is uniquely qualified to explain the various aspects of oral history and the law and to help oral historians avoid legal problems and resolve those issues their work may encounter. * Donald A. Ritchie, author of Doing Oral History * All historians whose subjects are still alive will benefit from this book, and I suspect that all historians will enjoy the crisp narrative. I hope this book finds its way into the hands of many historians and I look forward to hearing more about the ways that law shapes how we behave as historians, as we try to negotiate copyright and privacy law. * Oral History Review * What this excellent volume does provide, in an interesting, well-read, carefully-developed manner, is a strong practical foundation for oral historians to stand upon in advance of their enterprise. * American Journal of Legal History * Praise for the first edition:

Author Information

John A. Neuenschwander is Professor Emeritus of History at Carthage College. He also served as a municipal judge in Kenosha, Wisconsin for more than 25 years before retiring from the bench in 2012.

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