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Record Nr. |
UNINA9910825986803321 |
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Autore |
Neuenschwander John A. |
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Titolo |
A guide to oral history and the law / / John A. Neuenschwander |
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Pubbl/distr/stampa |
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New York, New York : , : Oxford University Press, , 2014 |
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©2014 |
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ISBN |
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0-19-934253-9 |
0-19-020987-9 |
0-19-934252-0 |
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Edizione |
[Second edition.] |
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Descrizione fisica |
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1 online resource (177 p.) |
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Collana |
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Oxford Oral History Series |
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Disciplina |
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Soggetti |
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Historians - United States |
Oral history - United States |
Copyright - United States |
Contracts - United States |
Freedom of information - United States |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Cover; A Guide to Oral History and the Law; Copyright; Dedication; Contents; Preface; A Note on Legal Terms; The Use of State Cases; The Use of Federal Cases; Prevention Is the Key; Acknowledgments; 1 A Case Study; 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 Clauses; Warranty Clauses; Right of Publicity Clauses |
Legal Release Agreements for InterviewersIRB Modified Agreements; Legal Release Agreements for K-12 Projects; Explaining Legal Release Agreements; Conclusion; 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 |
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Restrictions Are Not Absolutes; Certificates of Confidentiality |
Admissibility by StatuteFreedom of Information Requests; Conclusion; 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; 5 PRIVACY ISSUES: THE STEALTH TORTS; False Light |
False Light versus DefamationCommon 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; 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 Six Exclusive Rights of Copyright |
Length of Copyright ProtectionLicenses 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; 7 Oral History and the Internet; Legal and Ethical Authority to Upload; Copyright and the Internet |
Protecting Copyright Online |
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Sommario/riassunto |
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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 periodical |
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