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Zusatztext 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. Informationen zum Autor Professor emeritus of history, Carthage College; municipal judge, City of Kenosha, Wisconsin Klappentext 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. Zusammenfassung 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 the major legal issues that oral historians should be concerned about and offers helpful suggestions on how to put sound legal procedures in place. Inhaltsverzeichnis 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 Analyzi...
