- The Oxford Handbook of Oral History
- Introduction: The Evolution of Oral History
- The Dynamics of Interviewing
- Those Who Prevailed and Those Who Were Replaced: Interviewing on Both Sides of a Conflict
- Interviewing in Cross-Cultural Settings
- Case Study: Oral History and Democracy: Lessons from Illiterates
- Memory and Remembering in Oral History
- Can Memory Be Collective?
- Case Study: Rome's House of Memory and History: The Politics of Memory and Public Institutions
- How Does One Win a Lost War? Oral History and Political Memories
- Disappointed Remains: Trauma, Testimony, and Reconciliation in Post-apartheid South Africa
- Case Study: Memory Work with Children Affected by HIV/AIDS in South Africa
- The Stages of Women's Oral History
- Race and Oral History
- Remembering in Later Life: Generating Individual and Social Change
- The Proust Effect: Oral History and the Senses
- After Action: Oral History and War
- Case Study: “Above all, we need the WITNESS”: The Oral History of Holocaust Survivor
- Case Study: Field Notes on Catastrophe: Reflections on the September 11, 2001, Oral History Memory and Narrative Project
- Doing Video Oral History
- Case Study: Opening Up Memory Space: The Challenges of Audiovisual History
- Achieving the Promise of Oral History in a Digital Age
- Oral History: Media, Message, and Meaning
- Messiah with the Microphone? Oral Historians, Technology, and Sound Archives
- Case Study: Between the Raw and the Cooked in Oral History: Notes from the Kitchen
- The Legal Ramifications of Oral History
- Ethical Challenges in the Oral History of Medicine
- The Archival Imperative: Can Oral History Survive the Funding Crisis in Archival Institutions?
- Case Study: The Southern Oral History Program
- Case Study: What is it That University-Based Oral History Can Do? The Berkeley Experience
- Toward a Public Oral History
- Motivating the Twenty-first-Century Student with Oral History
- Oral History in Universities: From Margins to Mainstream
- Case Study: Engaging Interpretation Through Digital Technologies
- Oral History in the Digital Age
Abstract and Keywords
Oral history has become a research tool in virtually every country in the world. While the vast majority of oral history programs have not and likely never will be confronted with a lawsuit, the implementation of legally and ethically sound procedures are the best ways to insure that this does not happen. All oral historians should make themselves familiar with the legal issues that relate to the practice of oral history, such as legal release agreements, challenges to interview restrictions, defamation, the privacy torts, copyright, the Internet, and institutional review board. The focus of this article is American law, but the issues discussed is relevant to oral historians from other nations and encourage practitioners to consider how their own legal systems address them. The memories that an interviewer records begin as the intellectual property of the interviewee. People own the copyright to their words. The importance of various legal documents pertaining to oral history is presented in detail.
John A. Neuenschwander is an emeritus professor of history at Carthage College and the municipal judge for the city of Kenosha, Wisconsin. He holds a PhD in history from Case Western Reserve University and a JD from the Illinois Institute of Technology-Chicago-Kent College of Law. He is the author of A Guide to Oral History and the Law (2009).
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