A Guide To Oral History And The Law

This text covers legal release agreements; protecting sealed interviews and anonymous interviews from courtroom disclosure; defamation; copyright; the Internet; Institutional Review Boards (IRBs), oral history as evidence; the duty to report a crime; and teaching considerations.

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.

In neighborhoods, schools, community centers, and workplaces, people are using oral history to capture and collect the kinds of stories that the history books and the media tend to overlook: stories of personal struggle and hope, of war and peace, of family and friends, of beliefs, traditions, and values—the stories of our lives. Catching Stories: A Practical Guide to Oral History is a clear and comprehensive introduction for those with little or no experience in planning or undertaking oral history projects. Opening with the key question, “Why do oral history?” the guide outlines the stages of a project from idea to final product—planning and research, the interviewing process, basic technical principles, and audio and video recording techniques. The guide covers interview transcribing, ethical and legal issues, archiving, funding sources, and sharing oral history with audiences. Intended for teachers, students, librarians, local historians, and volunteers as well as individuals, Catching Stories is the place to start for anyone who wants to document the memories and collect the stories of community or family.

In many western countries, judicial decisions are based on “black letter law” – text-based, well-established law. Within this tradition, testimony based on what witnesses have heard from others, known as hearsay, cannot be considered as legitimate evidence. This interdiction, however, presents significant difficulties for Aboriginal plaintiffs who rely on oral rather than written accounts for knowledge transmission. This important book breaks new ground by asking how oral histories might be incorporated into the existing court system. Through compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crown’s use of Aboriginal materials in key cases. A bold intervention in legal and anthropological scholarship, this book is a timely consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases.

For the past ten years, Nancy MacKay’s Curating Oral Histories (2006) has been the one-stop shop for librarians, curators, program administrators, and project managers who are involved in turning an oral history interview into a primary research document, available for use in a repository. In this new and greatly expanded edition, MacKay uses the life cycle model to map out an expanded concept of curation, beginning with planning an oral history project and ending with access and use. The book:-guides readers, step by step, on how to make the oral history “archive ready”;-offers strategies for archiving, preserving, and presenting interviews in a digital environment;-includes comprehensive updates on technology, legal and ethical issues, oral history on the Internet, cataloging, copyright, and backlogs.

With extensive examples from both historical and social science literature, this book is a practical guide to methods of recording oral history. The author provides suggestions on a range of techniques from developing a written interview guide and using tape recorders to asking probing questions during in-depth interviews and editing transcriptions. She also covers the ethical and legal issues involved in conducting life-history interviews and elaborates on three different types of oral history projects: community studies, biographies and family histories.

In the past sixty years, oral history has moved from the periphery to the mainstream of academic studies and is now employed as a research tool by historians, anthropologists, sociologists, medical therapists, documentary film makers, and educators at all levels. The Oxford Handbook of Oral History brings together forty authors on five continents to address the evolution of oral history, the impact of digital technology, the most recent methodological and archival issues, and the application of oral history to both scholarly research and public presentations. The volume is addressed to seasoned practitioners as well as to newcomers, offering diverse perspectives on the current state of the field and its likely future developments. Some of its chapters survey large areas of oral history research and examine how they developed; others offer case studies that deal with specific projects, issues, and applications of oral history. From the Holocaust, the South African Truth and Reconciliation Commissions, the Falklands War in Argentina, the Velvet Revolution in Eastern Europe, to memories of September 11, 2001 and of Hurricane Katrina, the creative and essential efforts of oral historians worldwide are examined and explained in this multipurpose handbook.

"The recent development of digital audio and video recording technology has continued to alter the practice of oral history, making it even easier to produce and disseminate quality recordings. At the same time, digital technology has complicated the preservation of the recordings, past and present. This basic manual offers ... advice for setting up an oral history project, conducting interviews and using oral history for research, making video recordings, preserving oral history collections in archives and libraries, and teaching and presenting oral history"--