Hi Joseph, this looks like an exciting project!
One thing you might consider is giving people the option to put some restrictions on the use of their stories. I've had interviewees say they'd rather be identified by their initials only... or that we can use their stories in our work but that they'd rather we didn't give other people permission to use it... Or that they're okay with everything except they don't want the transcript to be made available online. Sometimes it's frustrating when someone tells us a fabulous story but then says, "please wait until I'm dead to make this public" (I try to make them name a date far into the future, since we won't be able to check the obits every morning to see if they've passed!). But the story can still inform our understanding of the topic -- and it will be a valuable resource *eventually*.
We have a line on our form that says, "This agreement is subject to the following special conditions" with some space below for them to list any exceptions to the long list of permissions they are signing. In practice, the *vast* majority of people leave this blank -- but I feel it's important to have it there, and to point it out when people are signing. To me the bottom line, ethically, is that this person's story is *theirs*, that it is an amazing honor to be entrusted with it, and that we have a responsibility to make sure it doesn't get used in a way they are not comfortable with. In my experience, if I'm able to convey this to the interviewee, they're often willing to share more deeply -- and (perhaps ironically) they are more likely to trust us with broad, sweeping permission to use and share the interview.
It sounds like you'll be collecting these stories at an event, so you may not have a ton of time to develop a deep trusting relationship with your interviewees -- or an ongoing relationship of any kind. I can understand why you want to have them sign over the most comprehensive set of permissions possible. But it may be that a one-way, all-or-nothing form would put some people off who might be willing to share if they felt like they had a bit more power to tweak the terms.
Just something to consider! :)
Mikala
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Mikala Woodward
Exhibit Developer
Wing Luke Museum of the Asian Pacific American Experience
Seattle WA
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Original Message:
Sent: 09-12-2019 02:11 PM
From: Joseph Fox
Subject: Ethical and Legal Issues with Oral Histories
Recently for an upcoming public event, we were planning on conducting a series of oral histories and making them available to the public as a part of our digital collections. Our Museum Director wanted me to go back over our legal procedures to make sure that we're doing this ethically. We have interviewees sign an Interview Release From (that I have attached below) that describes the Project, gives the Museum permission to "use, reproduce, transmit, display, perform, edit, modify, synchronize, publish, prepare derivative works from, distribute, and authorize the redistribution of the materials in the Work in any manner or medium in perpetuity." The form also gives us permission to dispose of the oral history if we need to and releases the Museum from any claims arising from the use of the work such as "copyright infringement, defamation, invasion of privacy, or right of publicity." Is there anything else we should make sure to add to the form to ensure that we are being ethical and covered from liability? What are other good practices Museum should adopt when conducting and using oral histories?
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Joseph Fox
Associate Education Officer
Museum of South Texas History
Edinburg TX
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