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This title in other editions

A Guide to Oral History and the Law (Oxford Oral History)

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A Guide to Oral History and the Law (Oxford Oral History) Cover

 

Synopses & Reviews

Publisher Comments:

Here is the bible for oral history practitioners on all the legal aspects of their field, an essential volume for students, amateur historians, genealogists, and professionals alike, written by a leading authority. A Guide to Oral History and the Law not only presents and discusses all of the areas of law that are relevant to oral history, from copyright through defamation, but emphasizes how and when these areas intersect and overlap. It also explains how and why the Oral History Association's code of ethics provides the best foundation for the legally sound practice of oral history. Because the book is designed for non-lawyers, special effort has been taken to avoid overly legalistic discussions of important legal concepts. The cases used to illustrate key legal issues were also chosen primarily because they were most likely to foster the greatest understanding among the uninitiated. Readers are also provided with many examples of procedures, policies, and forms that are currently being utilized by oral history programs that may provide helpful guidance.

Synopsis:

A Guide to Oral History and the Law is the definitive resource for all practitioners of oral history. In clear, accessible language it thoroughly explains all the critical legal issues, including legal release agreements; copyright; privacy; screening, editing, and sealing procedures to protect against defamation; the protection of sealed and anonymous interviews from courtroom disclosure; the role of Institutional Review Boards (IRBs); teaching considerations; and the new issues raised by the use of interviews on the Internet. Neuenschwander's central focus is prevention, rather than litigation, and he cites not only the most recent court cases but also examples of procedures and policies that oral history programs have used effectively to avoid legal difficulties. The book provides more than a dozen sample legal release agreements applicable to a variety of situations. This essential volume will be used by professionals, family historians, and students alike.

Synopsis:

The Oral History Association published the first edition of Oral History and the Law as a 24-page pamphlet in 1986; a second edition (53 pp.) in 1993; and a third edition (93 pp.) in 2002. The need for an expanded, book-length treatment is evident, not because of an upsurge in litigation, but because of the vast expansion in the practice of oral history and the new ways in which interviews are being utlized. Like any growth industry in America, oral history is inevitably intertwined with the legal system from prevention through litigation.

This book covers legal release agreements; protecting sealed interviews and anonymous interviews from courtroom disclosure; defamation; copyright; the Internet; Institutional Review Boards (IRBs), oral history as evidence; the duty to report a crime; and teaching considerations. It also includes examples of best practices and legal precautions, using case studies to illustrate each point.

About the Author

John A. Neuenschwander is professor emeritus of history at Carthage College and a municipal judge for the City of Kenosha, Wisconsin. He lectures nationwide on the legal aspects of oral history.

Table of Contents

Chapter 1: A Case Study

Chapter 2: Legal Release Arguments

Drafting Legal Release Agreement

Deed of Gift Agreements

Contractual Agreements

Prefatory Language

Future Use Clauses

Transfer of Copyright

Non-exclusive Licenses for Interviewees

Restricting, Sealing, and Masking Identity

Warranty Clauses

Indemnity Clauses

Right of Publicity Clauses

Legal Release Agreements for Interviewers

IRB Modified Agreements

Legal Release Agreement 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

Three Illustrative Cases

Is there a Scholar's Privilege?

Is there an Archival Privilege?

Informing Interviewees that Restrictions are Not Absolutes

Certificates of Confidentiality

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 vs. 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 vs. 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 Nonfiction 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?

Registration Status is Critical

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 on the Internet

Legal Authority to Upload

Copyright and the Internet

Defamation Online

Protecting Copyright Online

Click-Wrap Agreement Web sites

Notice Only Web sites

Free Access Web sites

Conclusion

Chapter 8: Institutional Review Boards and Oral History

Origins and Applications

Trying to Redefine Research

The IRB Mindset

The Best Approaches to the IRB

Conclusion

Chapter 9: Is There A Duty To Report A Crime?

Societal v. Legal Expectations

Federal Misprision of Felony

State Misprision of Felon

Confession vs. Accusation

No Legal Duty

Professional Ethics

Personal Ethics

Conclusion

Appendix 1: Sample Legal Release Agreements

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 and Deed of Gift

11. Permission to Use: Middle and High School

12. Work Made For Hire Agreement

13. Assignment of Copyright in a Work Intended as a Work Made For Hire Agreement

Appendix 2: Principles and Standards and Evaluation Guidelines of The Oral History Association

Suggestions for Further Reading

Recommended Web Sites

Index

Product Details

ISBN:
9780195365962
Author:
Neuenschwander, John A.
Publisher:
Oxford University Press, USA
Author:
null, John A.
Subject:
Privacy, Right of -- United States.
Subject:
Oral history
Subject:
Administrative Law & Regulatory Practice
Subject:
Study & Teaching
Subject:
Legal History
Subject:
Practical Guides
Subject:
Privacy.
Subject:
History, Other | Intellectual History
Subject:
Education-Teaching Social Studies
Series:
Oxford Oral History
Publication Date:
20090931
Binding:
TRADE PAPER
Grade Level:
General/trade
Language:
English
Illustrations:
Y
Pages:
192
Dimensions:
9.10x6.10x.70 in. .60 lbs.

Related Subjects

Arts and Entertainment » Music » Instruction and Study » Techniques
Education » Teaching » Social Studies
History and Social Science » Law » General
History and Social Science » Law » Legal Guides and Reference
History and Social Science » Law » Privacy
History and Social Science » Politics » General

A Guide to Oral History and the Law (Oxford Oral History) New Trade Paper
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Product details 192 pages Oxford University Press, USA - English 9780195365962 Reviews:
"Synopsis" by , A Guide to Oral History and the Law is the definitive resource for all practitioners of oral history. In clear, accessible language it thoroughly explains all the critical legal issues, including legal release agreements; copyright; privacy; screening, editing, and sealing procedures to protect against defamation; the protection of sealed and anonymous interviews from courtroom disclosure; the role of Institutional Review Boards (IRBs); teaching considerations; and the new issues raised by the use of interviews on the Internet. Neuenschwander's central focus is prevention, rather than litigation, and he cites not only the most recent court cases but also examples of procedures and policies that oral history programs have used effectively to avoid legal difficulties. The book provides more than a dozen sample legal release agreements applicable to a variety of situations. This essential volume will be used by professionals, family historians, and students alike.
"Synopsis" by , The Oral History Association published the first edition of Oral History and the Law as a 24-page pamphlet in 1986; a second edition (53 pp.) in 1993; and a third edition (93 pp.) in 2002. The need for an expanded, book-length treatment is evident, not because of an upsurge in litigation, but because of the vast expansion in the practice of oral history and the new ways in which interviews are being utlized. Like any growth industry in America, oral history is inevitably intertwined with the legal system from prevention through litigation.

This book covers legal release agreements; protecting sealed interviews and anonymous interviews from courtroom disclosure; defamation; copyright; the Internet; Institutional Review Boards (IRBs), oral history as evidence; the duty to report a crime; and teaching considerations. It also includes examples of best practices and legal precautions, using case studies to illustrate each point.

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