A Guide To Oral History And The Law

Based on author's Oral history and the law. 3rd ed. Carlisle, PA : Oral History Association, c2002.

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.

Contains chapters on the discipline of oral history, especially as it relates to public history; starting an oral history project, including funding, staffing, equipment, processing, and legal concerns; conducting interviews; using oral history in research and writing, including publishing; videotaping oral history; and more.

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.

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.

Recording Oral History, now available in its third edition, provides a comprehensive guide to oral history for researchers and students in diverse fields including history, sociology, anthropology, education, psychology, social work, and ethnographic methods. Writing in a clear, accessible style, Valerie Yow builds on the foundations laid in prior editions of her widely used and highly regarded text to tackle not just the practicalities of interviewing but also the varied ethical, legal, and philosophical questions that can arise. The text—now twelve chapters—allows for dedicated discussion of both legalities and ethics. Other new material include recent research on how brain functions affect memory, more comprehensive demonstration of how to analyze an interview, and details on making the most of technology, both old and new. Each chapter concludes with updated and annotated Recommended Readings and tailored appendixes address new developments, such as institutional review boards and the Oral History Association’s new Principles and Best Practices.

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.

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.