A Guide to Oral History and the Law »

John A. Neuenschwander is professor emeritus of history at Carthage College and a municipal judge for the City of Kenosha, Wisconsin. He lectures nationwide on the legal aspects of oral history.

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 all the critical legal issues, including legal release agreements; copyright; privacy; screening, editing, and sealing procedures to protect against defamation; the protection of sealed and anonymous interviews from courtroom disclosure; the role of Institutional Review Boards (IRBs); teaching considerations; and the new issues raised by the use of interviews on the Internet. Neuenschwander's central focus is prevention, rather than litigation, and he cites not only the most recent court cases but also examples of procedures and policies that oral history programs have used effectively to avoid legal difficulties. The book provides more than a dozen sample legal release agreements applicable to a variety of situations. This essential volume will be used by professionals, family historians, and students alike.

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

Index