A Guide to Oral History and the Law (Oxford Oral History Series)

This short book is an essential resource for those establishing an oral history program or beginning a research project in oral history. Neuenschwander supports the Oral History Association’s Principles and Best Practices and explains why some of them are so important. The book is aimed at preventing litigation that might arise from oral history interviews and raising ethical concerns about the conduct, storing, and use of oral history interviews. Neuenschwander reviews relevant case history. There is not much directly related to oral history—the main example of this is the subpoena of oral histories as part of a criminal investigation of activities during the Troubles in Northern Ireland as part of Boston College’s oral history project. The university was unable to resist turning over the interviews, despite assurances by the interviewers that the materials would be kept confidential. The interviews were not protected by press privilege, nor by a theoretical and related academic privilege. No archive privilege exists, either. Therefore, interviewers cannot legally or ethically guarantee confidentiality. Other topics discussed in the volume include copyright, deed of gift forms, defamation liability, online publication of interview materials, and Institutional Review Boards. Strongly recommended, as it raises legal and ethical issues that one might not otherwise consider.

Very good overview in layman's terms.

Thank you!