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Oral History Legalities



I have an oral history legality question that I'd like to pose
to the archivists first.    We have a collection of oral history
interviews that were done some 20 years ago.  Last year,
an outside organization asked permission to transcribe these
tapes (I provide copy tapes, they are returned along with a copy
of the transcription).   In checking, I had quite a few signed legal
agreements that permitted open use of the tapes for any purpose.
So those were not a problem.

There were, however, a number that had no releases and thus I
would not release those for transcription (giving out copies, etc.).
I've been informed that the outside agency has "acquired permission
agreements to let me provide them with these tapes."   I will be asking
for copies of these forms and see what they say, but it does raise a
number of interesting questions.

Even with the signed forms, I cannot be sure that the original person
signed them since neither I nor any University employee was witness
to this.  Do I go ahead and trust them?  Or seek phone numbers and
verity them?

In the case of tapes of people who are deceased, does the rights to
the tapes (transcriptions, access) go to their heirs, and would these be
needed in any release forms?

I realize the question of "risk" is involved but these are oral histories of
Native Americans in the region, for which there are many factions, opposing
views, etc.   It is one thing to have your recollections transcribed with your
permission, and quite another to have them used by any group without per-
mission.

Any ideas?


Dean
Dean DeBolt
University Librarian
Special Collections and West Florida Archives
John C. Pace Library
University of West Florida
11000 University Parkway
Pensacola, FL  32514-5750
Tele:  850-474-2213;   Fax:  850-474-3338

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