Oral History Recording Agreement
At the conclusion of an interview, each interviewee is asked to fill in an Oral History recording Agreement.
What is this Agreement?
The Oral history Recording Agreement is a legal agreement which allows you to:-
- Formalise your consent for the recording to be made and archived at the Derbyshire Records Office and Derbyshire Law Centre
- Stipulate any special provisions for use of and access to the recording
- Specify ownership of copyright and underlying rights in your recording
Recording this information in a short formal document is in the best interests of both the interviewee and Derbyshire Law Centre.
Before you are asked to sign this Agreement, the oral history interviewer or volunteer will talk through the document with you, explain each part and will be happy to answer any questions you may have. The completed Agreement will then be signed by you, or your legally appointed representative. You will be given one copy, countersigned by the interviewer or by an authorised representative of Derbyshire Law Centre, as your record of our agreement. Derbyshire Law Centre will retain the other signed copy of the Agreement.
The Oral History Recording Agreement established and confirms a legal relationship between you and Derbyshire Law Centre. This relationship is also based on trust and a shared understanding of the terms of the agreement; it is therefore very important that you raise any concerns you may have about anything included or omitted form the Oral History Recording Agreement before it is signed.
Key Elements of the Oral History Recording Agreement.
- Permission to Record
The Agreement confirms your willingness to take part in the recording made and archived by Derbyshire Law Centre.
- Public Access to the Interview
The Agreement allows you to specify how researchers can use your recording – both now and in the future. If you wish to restrict access to all or part of your recording there is space on the Agreement to specify these restrictions.
It is intended that, unless there are restrictions on the use of an interview, interviews will be made available through exhibitions and at the Derbyshire Records Office, and will be available via the internet without access restrictions. The Heritage Lottery Fund may also wish to use the material and it is a condition of our grant that they are granted a licence to do so. Broadcasters (particularly radio journalists) may wish to use excerpts from interviews.
If you have particular concerns please discuss these with the interviewer or other Derbyshire Law Centre staff member.
Your options are:-
- If you do not wish to impose any access restrictions, then simply leave this section of the Agreement blank.
- If you do wish to restrict access to the recording – in its entirety or particular parts – please specify this in the space provided.
The Oral History Recording Agreement contains a statement whereby the interviewee assigns their copyright in the recording to Derbyshire Law Centre. Clarity around ownership of copyright is central to the Home For Good project and to deposit in the Derbyshire County Council archives. Copyright in the words spoken on the recording lasts for 70 years after the year of a speaker’s death, so documenting copyright information at the completion of the interview is vitally important.
Assignment of copyright does not affect your moral rights, that is your right to be identified as a contributor and for your contribution to be protected from derogatory treatment which might damage your reputation or the integrity of your contribution.
If you decide to retain your copyright in the recording, no public, published or broadcast use can be made of the recordings without the interviewee’s written consent, although access to these recordings can be made onsite at the Records Office for private research and non-commercial use (assuming there are no access restrictions imposed).
We ask interviewees to bear in mind that when they retain copyright this can create considerable difficulties for Derbyshire Law Centre. If we lose contact with an interviewee (or, after their death, their relatives or estate), this would prevent the interview being used for published research in the future.
Your options are:-
- If you are happy to assign your copyright to Derbyshire Law Centre leave the Agreement as it is and sign it at the bottom.
- If you wish to retain your copyright in the recoding, please strike through the relevant sentence on the Agreement. Then choose one of the following options regarding the duration of the retention of copyright and write it in the space provided.
- I retain my copyright in the recording until 20XX after which I assign copyright to Derbyshire Law Centre. I undertake to keep Derbyshire Law Centre and Derbyshire Records Office informed of any changes in my address.
- I retain my copyright in the recording for the duration of my lifetime after which I assign copyright to Derbyshire Law Centre. I undertake to keep Derbyshire Law Centre and Derbyshire Records Office informed of any change of address.
- I retain my copyright in the recording. I undertake to keep Derbyshire Law Centre and Derbyshire Records Office informed of any changes of address and to keep the Library updated with the address and contact details of my next of kin and solicitor.
- How Will the Information on the Oral History recording Agreement be used?
The conditions that you have agreed or asked to be met with regard to your recording will be included in the entry made for your interview in the Records Office archives. Such information will be of value to people wishing to include your interview in their research while ensuring that any restrictions you have requested are made visible and upheld.
All personal information about you and any other living individuals recorded in the Agreement will be handled in accordance with the Data Protection Act 1998. This means that it will be held securely and used only for the following purposes:-
- Legal purposes, for example as evidence of ownership
- Internal administrative purposes, for example to contact you or your appointment representative for matters relating directly to your recording
- Research, for example as a record of the provenance and history of the recording
- Collection management purposes, for example to compile a catalogue record.