05699nam 2200769 450 991082598680332120230803204422.00-19-934253-90-19-020987-90-19-934252-0(CKB)3710000000222390(EBL)1767702(SSID)ssj0001288965(PQKBManifestationID)11723586(PQKBTitleCode)TC0001288965(PQKBWorkID)11308441(PQKB)11736575(MiAaPQ)EBC1767702(Au-PeEL)EBL1767702(CaPaEBR)ebr10909671(CaONFJC)MIL637423(OCoLC)888747391(EXLCZ)99371000000022239020140831h20142014 uy 0engur|n|---|||||txtccrA guide to oral history and the law /John A. NeuenschwanderSecond edition.New York, New York :Oxford University Press,2014.©20141 online resource (177 p.)Oxford Oral History SeriesDescription based upon print version of record.1-322-06172-6 0-19-934251-2 Includes bibliographical references and index.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 ClausesLegal 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 Restrictions Are Not Absolutes; Certificates of ConfidentialityAdmissibility 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 LightFalse 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 CopyrightLength 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 InternetProtecting Copyright OnlineAccording 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 periodicalOxford oral history series.HistoriansUnited StatesHandbooks, manuals, etcOral historyUnited StatesCopyrightUnited StatesContractsUnited StatesFreedom of informationUnited StatesHistoriansOral historyCopyrightContractsFreedom of information344.73/09Neuenschwander John A.1640382Oral History Association.MiAaPQMiAaPQMiAaPQBOOK9910825986803321A guide to oral history and the law3983897UNINA