Readership: Oral history practitioners, genealogists, history students.
John Neuenschwander, Professor of History, Carthage College
"[A] lively and accessible guide." - Hector MacQueen, Oral History
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 & 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 Agreement Appendix 2: Principles and Standards and Evaluation Guidelines of The Oral History Association Suggestions for Further Reading Recommended Web Sites Index
