A Guide to Oral History and the Law (Oxford Oral History Series 2nd Revised edition)
By: John A. Neuenschwander (author)Hardback
1 - 2 weeks availability
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.
Professor emeritus of history, Carthage College; municipal judge, City of Kenosha, Wisconsin
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
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- ID: 9780190209872
2nd Revised edition
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