John A. Neuenschwander - A Guide to Oral History and the Law [2009][A]

Book Description
A Guide to Oral History and the Law is the definitive resource for all practitioners of oral history. In clear, accessible language it thoroughly explains all the critical legal issues, including legal release agreements; copyright; privacy; screening, editing, and sealing procedures to protect against defamation; the protection of sealed and anonymous interviews from courtroom disclosure; the role of Institutional Review Boards (IRBs); teaching considerations; and the new issues raised by the use of interviews on the Internet. Neuenschwander's central focus is prevention, rather than litigation, and he cites not only the most recent court cases but also examples of procedures and policies that oral history programs have used effectively to avoid legal difficulties. The book provides more than a dozen sample legal release agreements applicable to a variety of situations. This essential volume will be used by professionals, family historians, and students alike.

Reviews
"What this excellent volume does provide, in an interesting, well-read, carefully-developed manner, is a strong practical foundation for oral historians to stand upon in advance of their enterprise." --American Journal of Legal History

"All historians whose subjects are still alive will benefit from this book, and I suspect that all historians will enjoy the crisp narrative. I hope this book finds its way into the hands of many historians and I look forward to hearing more about the ways that law shapes how we behave as historians, as we try to negotiate copyright and privacy law." --Oral History Review

"Here is the essential legal guide for all those who interview, collect interviews for libraries and archives, or use interviews for their own research. As a history professor, lawyer, and judge, John Neuenschwander is uniquely qualified to explain the various aspects of oral history and the law and to help oral historians avoid legal problems and resolve those issues their work may encounter." --Donald A. Ritchie, author of Doing Oral History

"John Neuenschwander is the undisputed expert regarding the legal aspects of oral history. He has been an outstanding and visible presence for practitioners in this field, and his writings have successfully addressed a significant need." --Libby Van Cleve, Yale University

"This book is a 'must read' for oral historians, records managers, archivists, manuscript curators, librarians and lawyers who advise them." --Gary M. Peterson, Esq., co-author of Archives and Manuscript Law

"[A] lively and accessible guide." -- Oral History

"Neuenschwander's clear articulation of ethical standards and their relationship to legal issues fills the gap when there is little or no precedent." -- The American Archivist

About the Author
John A. Neuenschwander is professor emeritus of history at Carthage College and a municipal judge for the City of Kenosha, Wisconsin. He lectures nationwide on the legal aspects of oral history.