Archive/Oral History question

From: Laura Young Bost <laura[_at_]utpress.ppb.utexas.edu>
Date: Sat, 20 Jan 2007 09:58:32 -0500
A not so hypothetical question: A publisher wants to publish a book about a deceased state politican. There exists an archive with oral history interviews and stories about this person. The interviews and stories were collected by staff of the archive. The interviewees (mainly other state politicians) were sent copies of the interviews.

Author A did research in the archive when it was first opened--made copies, notes, all of the things one does when researching. Author A now has a manuscript about this person that includes quotoes and stories from the archive.

A family member of the person has now closed/denied access to the archive for a period of time (several years)--the archive facility has complied with this and is no longer granting access to the material in the oral history archive for this person.

We do not know the legal status or standing between the family member and the archive, but I'm not sure how much that matters since we are not in a position to question the decision to close it.

The question is, can we publish this manuscript that contains material from the archive?

We can contact some of the interviewees (some have died) and get their permission to include material from the interviews. We are assuming they didn't sign away their rights in the interview when they made the interview, but we will check on that.

I've tried to look at this as a copyright question, as a joint authorship thing, as fair use, and a couple of other things.

Any opinions would be most appreciated.

Thanks,
Laura

--
Laura Young Bost, Rights Manager
University of Texas Press
P.O. Box 7819, Austin, TX 78713-7819
tel:512/232-7625; fax:512/232-7178
email: laura@utpress.ppb.utexas.edu
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Received on Sat Jan 20 2007 - 19:58:32 GMT

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