Despite the proliferation and rapid growth of oral history in recent years, there are very few reported legal cases that directly involve oral history or oral historians. Nevertheless, individuals who conduct oral history interviews or who use them must be knowledgeable about several legal issues. The type of employment arrangements that exist between interviewers and the employing party have a bearing on the copyright ownership of interviews. An interview sealed or closed by an oral history program raises the question of whether a court or attorney can demand and obtain access.
Laws govern defamation, libel, slander, and right of privacy.
Portions of an oral history tape or transcript may be challenged in court. The accepted rule is that anyone who repeats, republishes, or redistributes a defamatory statement made by another can be held liable. Anticipate potential legal problems and take appropriate preventative measures. Avoid oral promises and understandings. Get it in writing.