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A Guide to Oral History and the Law

John A Neuenschwander author

Format:Paperback

Publisher:Oxford University Press Inc

Published:30th Oct '14

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A Guide to Oral History and the Law cover

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 periodically revisited. A Guide to Oral History and the Law is the definitive resource for all oral history practitioners. In clear, accessible language it thoroughly explains all of the major legal issues including legal release agreements, the protection of restricted interviews, the privacy torts (including defamation), copyright, the impact of the Internet, and the role of Institutional Review Boards (IRBs). The author accomplishes this by examining the most relevant court cases and citing examples of policies and procedures that oral history programs have used to avoid legal difficulties. Neuenschwander's central focus throughout the book is on prevention rather than litigation. He underscores this approach by strongly emphasizing how close adherence to the Oral History Association's Principles and Best Practices provides the best foundation for developing sound legal policies. The book also provides more than a dozen sample legal release agreements that are applicable to a wide variety of situations. This volume is an essential one for all oral historians regardless of their interviewing focus.

A Guide to Oral History and the Law is the definitive go-to guide for oral historians interested in the legal issues that affect oral history. It is an easy read that is written succinctly and without complicated legal jargon. [A]n excellent resource for all oral historians as they plan, build, and run their oral history programs. * Patrick Russell, Oral History Review *
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 *
A careful reading of this book will benefit anyone seeking to conduct, publish, or manage oral history interviews to high ethical standards and with low legal risk. * National Genealogical Society Quarterly *

ISBN: 9780199342518

Dimensions: 231mm x 155mm x 13mm

Weight: 200g

176 pages

2nd Revised edition