Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

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452 Recommendation 5.6: StudioArchive Communication changed but archives still pay for storing materials to which studios have continuing access for making new copies. In 1993 public archives maintained over 131 million feet of nitrate preprint for which large motion picture studios maintained fiill commercial exploitation rights. Some companies have begun assisting archives in paying costs related to their own materials. To clarify the mutual responsibilities now appropriate for these arrangements, the National Film Preservation Board will encourage further negotiations between individual depositors and archives as well as discussions within a larger industry-archive forum. Create an informal group of studio and archival representatives to facilitate public-private cooperation. A key byproduct of the creation of the national plan has been increased communication between the film industry and public archives. Only by continuing to build public-private trust and cooperation will a national film preservation program be implemented. The National Film Preservation Board will encourage studio and archival representatives to continue meeting on projects of mutual concern and will designate an informal coordinating group. Orphan Films Recommendation 5.7: Public Responsibility for Orphan Films The cooperative ventures described above, although critical to national collaboration, address a fraction of American films. The larger and more difficult concern is "orphan films," works without clearly defined owners or belonging to commercial interests unable or unwilling to take responsibility for their long-term care. Throughout the 1993 hearings, scholars and archivists underscored the historical and cultural importance of these works and their urgent preservation needs. Drawing upon task force discussions, the Librarian of Congress and the National Film Preservation Board recommend the following actions to encourage public investment in the survival of orphan films. Use federal preservation copying dollars for films of long-term cultural and historical value that are not being protected by commercial interests. In recent years orphan films have become the focus of federal copying grant programs and we affirm that emphasis. Rethinking Partnerships and Funding 25