A Guide to Oral History and the Law

ISBN: 9780190209872 出版年：2014 页码：177 Neuenschwander, John A Oxford University Press

Contents Preface A Note on Legal Terms The Use of State Cases The Use of Federal Cases Prevention Is the Key Acknowledgment Chapter 1 A Case Study Chapter 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 Clause Warranty Clauses Right of Publicity Clauses Legal Release Agreements for Interviewers IRB Modifi ed Agreements Legal Release Agreements for K-12 Projects Explaining Legal Release Agreements Conclusion Chapter 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 Certifi cates of Confi dentiality Admissibility by Statute Special Hearings and Proceedings Freedom of Information Requests Conclusion Chapter 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 Chapter 5 Privacy Issues: The Stealth Torts False Light False Light versus Defamation Common 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 Chapter 6 Copyright Copyright in Nonfiction Works Copyright Protection of Oral History: A Case Study Using Nonfi ction to Create Fiction Ownership Joint Works Works-Made-for-Hire The Five Exclusive Rights of Copyright Length of Copyright Protection Licenses 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 Chapter 7 Oral History and the Internet Legal and Ethical Authority to Upload Copyright and the Internet Protecting Copyright Online Click-Wrap Agreement Web Sites Notice Only Web Sites Free Access Web Sites Using a Creative Commons License The Privacy Torts Online Conclusion Chapter 8 Institutional Review Boards and Oral History Origins and Applications Trying to Redefine Research The IRB Mind-Set Exempting Oral History from IRB Review The Best Approaches to an IRB Conclusion Chapter 9 Is There a Duty to Report a Crime? Societal versus Legal Expectations Federal Misprision of Felony State Misprision of Felony Confession versus Accusation Legal Duty? Professional Ethics? Personal Ethics? Conclusion Appendix 1 Sample Legal Release Forms 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 Appendix 2 Principles and Best Practices for Oral History Notes Suggestions for Further Reading Recommended Web Sites Index