Legal Issues Copyright ▪ Who will own the oral history materials? Oral History interview is a copywritable document from the moment the interview ends ▪ Interviewer, interviewee and anyone else whose voice on the tape have a copyright interest in the materials on recording Legal Issues Public Access to the information would only be possible only if the interviewer and interviewee or their heir granted permission for access Difficult Situations Interviewee unwilling to assign copyright because they want to use the materials for their own work (writing memoirs for e.g.) Interviewee close access to all or part of their interviews if there is something: ▪ Unflattering(x mendatar) ▪ Highly confidential ▪ Potentially defamatory(fitnah) Difficult Situations Interviewee wish to remain anonymous for some reasons: ▪ AIDS Patients ▪ Battered(didera) women ▪ Drug addicts ▪ Members of political, religious groups who fear prosecution(pendakwaan)for sharing their life stories Potential Defamatory(fitnah) Statements Words relate to accusations of criminal Unethical or immoral behaviour Professional incompetence Financial irresponsibility Association with despicable(hina) people Ethical Issues Respect interviewee’s right to refuse to participate in videotaped interview Selecting recording equipment that fails to meet the test of time ▪ It is disservice to everyone who participates in a project whose time, energy and memories that made the project possible Ethical Issues Sensitive to the diversity of interviewee Refraining from making promises that cannot be fulfilled Informing interviewee if oral history product are to be published or distributed through the internet Signing of Donor Form or Legal Release Form Can either be a contract or a deed of gift Gives the project repository (the place that owns and maintain the materials) the right to use and disseminate the oral history materials Contract Must provide for in legal term known as ‘consideration’ or payment stipulating for example, a token payment of one dollar or promising the interviewee a bound copy of the interview transcript Deed of Gift A voluntary transfer of property without any payment The Form should include: clear identification of the name of the interviewee clear identification of the project repository a statement that the interviewee is transferring “legal title and all literary property rights to the interview, including copyright” a place for the interviewee to sign a place for the interviewer to sign