A Guide to Oral History and the Law / Edition 4

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"The new edition covers legal release agreements; defamation; copyright; the Internet; Institutional Review Boards (IRBs), oral history as evidence; the duty to report a crime; teaching considerations. It includes examples of best practices and legal precautions. The areas that receive particular attention are legal release agreements, safeguards for protecting interviews online; and procedures to protect against defamation"--Provided by publisher.

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Editorial Reviews

From the Publisher

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

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Product Details

  • ISBN-13: 9780195365962
  • Publisher: Oxford University Press, USA
  • Publication date: 9/9/2009
  • Series: Oxford Oral History Series
  • Edition description: Older Edition
  • Edition number: 4
  • Pages: 192
  • Product dimensions: 6.10 (w) x 9.10 (h) x 0.60 (d)

Meet the Author

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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Table of Contents

Ch. 1 A Case Study

Ch. 2 Legal Release Arguments

Ch. 3 Compelled Release of Interviews: Subpoenas and FOIA Requests

Ch. 4 Defamation

Ch. 5 Privacy Issues: The Stealth Torts

Ch. 6 Copyright

Ch. 7 Oral History on the Internet

Ch. 9 Is There A Duty To Report A Crime?

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


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