Download A Guide to Oral History and the Law by John A. Neuenschwander PDF

By John A. Neuenschwander

ISBN-10: 0195365976

ISBN-13: 9780195365979

A advisor to Oral heritage and the legislations is the definitive source for all practitioners of oral background. In transparent, obtainable language it completely explains all of the severe criminal concerns, together with felony liberate agreements; copyright; privateness; screening, modifying, and sealing approaches to guard opposed to defamation; the security of sealed and nameless interviews from court disclosure; the position of Institutional assessment forums (IRBs); instructing concerns; and the recent concerns raised by way of interviews on the web. Neuenschwander's significant concentration is prevention, instead of litigation, and he cites not just the newest complaints but in addition examples of strategies and rules that oral historical past courses have used successfully to prevent felony problems. The ebook presents greater than a dozen pattern criminal liberate agreements acceptable to a number of occasions. This crucial quantity can be utilized by pros, relations historians, and scholars alike.

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21 1 0 | A G uide to O ral H istory and the L aw Nonexclusive licenses can be very helpful tools for oral historians in a number of ways. The most common usage is to grant a nonexclusive license to an interviewee to utilize his or her interview during the person’s lifetime. It only seems fair to make sure that people who have taken the time to grant an interview should be able to utilize their own words if they elect to do so. The granting of such a nonexclusive license usually is done in the same legal release agreement by which the interviewee assigns his or her copyright to the program.

Although there is no perfect agreement, those that have been thoughtfully drafted, receive the input of a knowledgeable local attorney, and are periodically revisited are the most likely to be trouble free. 3 Compelled Release of Interviews Subpoenas and FOIA Requests Oral History as Evidence In the eyes of a court, either state or federal, a recording or transcript of an oral history interview is hearsay. Although there are numerous exceptions to the rules of evidence that bar the introduction of hearsay evidence, none of these exceptions usually apply to the out-of-court statements that are made by an interviewee in the course of an oral history interview.

They also warned that breaching this agreement would have a chilling effect on future interviewees. Their motion for a protective order was denied, however, because such an order would have unduly restrained the ability of the court to consider relevant evidence. As a result, the transcripts of his three interviews were turned over to the district attorney. Although the interviews were not actually used in Bowers’s trial because he did not take the stand in his own defense, the prosecution was prepared to use material from the interviews to impeach his testimony.

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