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Nohanz Recording Agreement

In particular, they support Barclay`s view that every person`s story is a treasure now and for the future; What he calls “stewardship” or “guardianship” of this story requires a kind of tenderness in recording, storing, accessing and using. Inevitably, this tenderness may run counter to commercial or academic usage; It requires oral historians to recognize the collaborative nature of the work created, negotiate carefully with collaborators, and be flexible about agreements and outcomes. The main reason we rejected the nohanz agreement was that it was based on an interpretation of the provision of copyright law, which entrusts ownership of an interview to the person who “arranged” it. The law stipulates that the author of a work is the person it creates and ,” in the case of a sound recording or film, the person by whom the necessary arrangements are made for the making of the recording or film” (6). Recording and using oral history can highlight ethical considerations. The National Oral History Association of New Zealand (NOHANZ) has published a code of ethical and technical practice that defines the responsibilities of interviewers and oral history collectors. The Nohanz agreement provides for the deposit of interview tapes within an institution and the decision-making of the interviewee on access. However, if someone wishes to use the tapes in the future, the payment made for the use will be made to the author, the interviewer, unless the interviewer has entrusted the institution concerned with the rights that can then charge for the use of the interview. Each Getting Free project seems to have been negotiated ad hoc with the person concerned. There were two exceptions.

Wais` biography was a contract, because we provided her with services for which she paid for the project. And in her audio project Getting Free, Juanita decided to use nohanz`s chord to manage her relationship with a group of sixteen people. Then a matakite, Wai Turoa Morgan, asked me to write her autobiography, and that too became part of the project, with a long audio oral history process and some video recordings. Their history shows how their Matakite heritage manifested itself despite and in some way through difficult childhood experiences, including exposure to colonization processes. . . .

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