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A Guide to Oral History and the Law.

By: Neuenschwander, John A.
Material type: TextTextSeries: eBooks on Demand.Oxford Oral History Series: Publisher: Oxford : Oxford University Press, 2014Edition: 2nd ed.Description: 1 online resource (177 p.).ISBN: 9780199342525.Subject(s): Contracts -- United States | Copyright -- United States | Freedom of information -- United States | Historians -- United States -- Handbooks, manuals, etc | Oral history -- United States | Privacy, Right of -- United StatesGenre/Form: Electronic books.Additional physical formats: Print version:: A Guide to Oral History and the LawDDC classification: 344.73/09 LOC classification: KF390 .O7 N48 2014Online resources: Click here to view this ebook.
Contents:
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 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
Summary: 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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KF390 .O7 N48 2014 (Browse shelf) http://uttyler.eblib.com/patron/FullRecord.aspx?p=1767702 Available EBL1767702

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 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

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

Description based upon print version of record.

Author notes provided by Syndetics

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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