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Contents; Preface; A Note on Legal Terms; The Use of State Cases; The Use of Federal Cases; Prevention Is the Key; Acknowledgment; Chapter 1 A Case Study; Chapter 2 Legal Release Agreements; Drafting Legal Release Agreements; Deed of Gift Agreements; Contractual Agreements; Prefatory Language; Future Use Clauses; Transfer of Copyright; Transfer of Copyright by Nonexclusive License; Restricting, Sealing, and Masking Identity; Exculpatory and Indemnity Clause; Warranty Clauses; Right of Publicity Clauses; Legal Release Agreements for Interviewers; IRB Modifi ed Agreements; Legal Release Agreements for K-12 Projects; Explaining Legal Release Agreements; Conclusion; Chapter 3 Compelled Release of Interviews: Subpoenas and FOIA Requests; Oral History as Evidence; Oral History and Discovery in Civil Cases; Oral History and Discovery in Criminal Matters; An Arson Investigation; A Criminal Damage Investigation; The Boston College Case; Impact of the Boston College Case on Oral History?; Is There an Archival Privilege?; Informing Interviewees That Restrictions; Are Not Absolutes; Certifi cates of Confi dentiality; Admissibility by Statute; Special Hearings and Proceedings; Freedom of Information Requests; Conclusion; Chapter 4 Defamation; Republishers Beware; The Elements of Defamation; The Dead Cannot Be Defamed; Statute of Limitations; Organizations Also Have Reputations; Public Figures Bear a Heavier Burden; Negligence versus Actual Malice; Limited-Purpose Public Figures; Once a Public Figure Always a Public Figure; Pure Opinion Is Not Defamatory, But; The Major Categories of Defamation; Professional Competency: A Special Concern; Suggestions for Avoiding Defamation Lawsuits; Chapter 5 Privacy Issues: The Stealth Torts; False Light; False Light versus Defamation; Common False Light Claims; Docudramas and Photographs; Possible Links to Oral History; Public Disclosure of Private Facts; Disclosure of Private Facts in Public Records; Passage of Time and Public Figures; Possible Links to Oral History; Right of Publicity; Possible Links to Oral History; Do the Dead Have a Right to Privacy?; Conclusion; Chapter 6 Copyright; Copyright in Nonfiction Works; Copyright Protection of Oral History: A Case Study; Using Nonfi ction to Create Fiction; Ownership; Joint Works; Works-Made-for-Hire; The Five Exclusive Rights of Copyright; Length of Copyright Protection; Licenses and Transfers; Fair Use of Interviews?; Suggestions for Analyzing Potential Infringement; Pre-Lawsuit Responses to Possible Infringement; To Sue or Not to Sue?; A Remedy for Infringement in Cyberspace; Registration Status Is Crucial; Selective Registration; The Orphan Interview Problem; Resources of the U.S. Copyright Office; Copyright and the Federal Government; Copyright Protection Elsewhere in the World; How to Dispense with Copyright; Chapter 7 Oral History and the Internet; Legal and Ethical Authority to Upload; Copyright and the Internet; Protecting Copyright Online; Click-Wrap Agreement Web Sites; Notice Only Web Sites; Free Access Web Sites; Using a Creative Commons License; The Privacy Torts Online; Conclusion; Chapter 8 Institutional Review Boards and; Oral History; Origins and Applications; Trying to Redefine Research; The IRB Mind-Set; Exempting Oral History from IRB Review; The Best Approaches to an IRB; Conclusion; Chapter 9 Is There a Duty to Report a Crime?; Societal versus Legal Expectations; Federal Misprision of Felony; State Misprision of Felony; Confession versus Accusation; Legal Duty?; Professional Ethics?; Personal Ethics?; Conclusion; Appendix 1 Sample Legal Release Forms; 1. Deed of Gift; 2. Deed of Gift with Restrictions; 3. Contractual Agreement; 4. Contractual Agreement with Restrictions; 5. Deed of Gift: Volunteer Interviewer; 6. Deed of Gift: Independent Researcher; 7. Deed of Gift: Interviewer as Joint Author; 8. Deed of Gift: Next of Kin; 9. IRB Consent Form; 10. IRB Consent Form & Deed of Gift; 11. Permission to Use: Middle & High School; 12. Work-Made-for-Hire Agreement; 13. Assignment of Copyright in a Work Intended as a Work-Made-for-Hire; Appendix 2 Principles and Best Practices for Oral History; Notes; Suggestions for Further Reading; Recommended Web Sites; Index

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