Accessing Their Voice from Anywhere: Analysis of the Legal Issues Surrounding the Online Use of Oral Histories

Abstract

This article reviews the legal issues surrounding the online dissemination of oral histories, including copyright, right to privacy, and defamation. Whenever possible, the author argues for increased access to materials within a conservative legal framework, as most oral histories were intended to be used by future scholars. The donor agreement is the mediating instrument throughout this process, however, and its role is discussed when applicable. In addition, the University of Alaska’s Web site, designed by Karen Brewster, is referenced as a model for oral history presentation because its site use agreement and streaming content limit researchers in their ability to download and misquote materials out of context. Finally, a model legal release form is given, which would allow for future uses of oral history materials while still leaving room for the donor to apply restrictions, if desired.

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