A Guide to Oral History and the Law (Oxford Oral History Series) 2nd Edition

by John A. Neuenschwander (Author)

3 customer reviews

ISBN-13: 978-0190209872

ISBN-10: 0190209879

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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 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 (Oxford Oral History Series)

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Product Details

Series: Oxford Oral History Series
Hardcover: 174 pages
Publisher: Oxford University Press; 2 edition (October 14, 2014)
Language: English
ISBN-10: 0190209879
ISBN-13: 978-0190209872
Product Dimensions: 9.4 x 0.6 x 6.3 inches
Shipping Weight: 13.6 ounces (View shipping rates and policies)
Average Customer Review: 5.0 out of 5 stars See all reviews (3 customer reviews)
Amazon Best Sellers Rank: #3,542,856 in Books (See Top 100 in Books)
- #1193 in Books > History > Historical Study & Educational Resources > Study & Teaching
- #4108 in Books > Law > Legal History
- #8028 in Books > Law > Administrative Law

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Five Stars

By Zanda K. Gutek on May 25, 2015

Format: Paperback Verified Purchase

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Essential reading for oral historians

By Hope This Helps on January 20, 2015

Format: Kindle Edition Verified Purchase

This short book is an essential resource for those establishing an oral history program or beginning a research project in oral history. Neuenschwander supports the Oral History Association’s Principles and Best Practices and explains why some of them are so important. The book is aimed at preventing litigation that might arise from oral history interviews and raising ethical concerns about the conduct, storing, and use of oral history interviews. Neuenschwander reviews relevant case history. There is not much directly related to oral history—the main example of this is the subpoena of oral histories as part of a criminal investigation of activities during the Troubles in Northern Ireland as part of Boston College’s oral history project. The university was unable to resist turning over the interviews, despite assurances by the interviewers that the materials would be kept confidential. The interviews were not protected by press privilege, nor by a theoretical and related academic privilege. No archive privilege exists, either. Therefore, interviewers cannot legally or ethically guarantee confidentiality. Other topics discussed in the volume include copyright, deed of gift forms, defamation liability, online publication of interview materials, and Institutional Review Boards. Strongly recommended, as it raises legal and ethical issues that one might not otherwise consider.

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What you need to know when conducting oral history

By Elaine Thomas on October 6, 2015

Format: Paperback Verified Purchase

Very good overview in layman's terms.

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