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By John A. Neuenschwander

A consultant to Oral historical past and the legislation is the definitive source for all practitioners of oral heritage. In transparent, obtainable language it completely explains the entire severe felony concerns, together with felony unencumber agreements; copyright; privateness; screening, modifying, and sealing systems to guard opposed to defamation; the safety of sealed and nameless interviews from court disclosure; the position of Institutional evaluate forums (IRBs); instructing issues; and the hot concerns raised by means of interviews on the net. Neuenschwander's valuable concentration is prevention, instead of litigation, and he cites not just the latest lawsuits but additionally examples of methods and regulations that oral historical past courses have used successfully to prevent felony problems. The publication presents greater than a dozen pattern felony unlock agreements appropriate to quite a few occasions. This crucial quantity should be utilized by pros, relations historians, and scholars alike.

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Extra resources for A Guide to Oral History and the Law

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Thus, if one program or archive secured such oral releases, the former cannot pass this license on to another repository. Restricting, Sealing, and Masking Identity A significant number of oral history programs routinely provide interviewees with the opportunity to restrict access, seal their interviews for a given period of time, or mask their identity. 23 L egal R elease A greements | 1 1 Allowing interviewees and sometimes interviewers to craft their own restrictions is especially useful with either high-profile individuals or those who have unique personal concerns about future access.

11 The decision by the First Circuit to recognize a scholar’s privilege and use it to quash Microsoft’s subpoena was widely applauded by proponents of academic freedom. The ruling provided the most complete recognition of the nexus between a reporter’s privilege and the work of scholarly researchers. Unfortunately, in the years since this important decision extended a reporter’s privilege to nontraditional news gatherers, its precedential impact has been negligible. No other federal or state court has chosen to utilize Cusumano to carve out a scholar’s privilege to protect the confidentiality of either the sources or their information in civil lawsuits.

Preserving, archiving, and making such interviews available for future classroom use are usually well beyond the scope of the project. C. Everest Schools in Wausau, Wisconsin, that have developed nationally recognized oral history programs in which student interviews generate publications and media productions. These are not the norm. 37 They point out the usual areas for legal 1 8 | A G uide to O ral H istory and the L aw concern such as defamation and copyright infringement and recommend a safe-rather-than-sorry approach.

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