By John A. Neuenschwander
A advisor to Oral heritage and the legislations is the definitive source for all practitioners of oral historical past. In transparent, obtainable language it completely explains the entire serious criminal concerns, together with criminal liberate agreements; copyright; privateness; screening, modifying, and sealing approaches to guard opposed to defamation; the safety of sealed and nameless interviews from court docket disclosure; the function of Institutional evaluate forums (IRBs); instructing issues; and the hot matters raised via interviews on the web. Neuenschwander's imperative concentration is prevention, instead of litigation, and he cites not just the latest complaints but additionally examples of strategies and regulations that oral background courses have used successfully to prevent criminal problems. The ebook offers greater than a dozen pattern criminal liberate agreements appropriate to quite a few occasions. This crucial quantity might be utilized by pros, relations historians, and scholars alike.
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Additional info for A Guide to Oral History and the Law
As the term implies, these are usually interviews conducted in the early years when legal releases were the exception rather than the rule. If some of the interviews that fall into this category contain oral statements of copyright transfer, this would constitute a nonexclusive license. ”22 But as noted earlier, the holder of a nonexclusive license cannot transfer such a license to another. Thus, if one program or archive secured such oral releases, the former cannot pass this license on to another repository.
Does the clause stand out because of large type or a different color? 2. Is the wording clear and unambiguous to the average person? 3. Is the clause specific enough, including any mention of release of negligence? 4. 29 The careful reader has already picked up on the major problem in all this. If a program’s legal release agreement is a deed of gift, the bargaining process that applies to contracts is really not present. There is no exchange of consideration between the oral history program and the interviewee.
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.
A Guide to Oral History and the Law by John A. Neuenschwander