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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453 These endangered films include a broad range of materials of artistic and documentary value: (a) newsreel and actuality footage of social importance held in nonprofit and government organizations (b) films that have fallen into the public domain (c) independently produced avant-garde and experimental films (d) socially significant home movies, particularly those documenting ethnic and minority communities (e) political commercials, and advertising, educational and industrial films of historical and cultural interest (f) independent fiction and documentary films made and distributed outside the commercial mainstream (Although copyrighted and privately owned, many of these films will not survive without public archive intervention.) (g) commercially produced works whose owners are unwilling or unable to provide long-term preservation. Public archives preserving these films should expect financial compensation from the copyright owners to cover preservation costs, should these films later generate revenue. In determining duplication priorities among these films, we recommend following the principles developed by North American members of the International Federation of Film Archives and making decisions on the basis of physical condition; rarity; interest of the educational community, film archives and museums, and other potential film users; and long-term cultural and historical importance. Recommendation 5.8: Improve the coordination among existing federal preservation Federal Grants copying grant programs and return their funding to former levels. Currently there are few federal grants directed toward film preservation and these address the copying of a narrow range of orphan films. There is concern among archivists that some works of historical and cultural interest do not fit the current funding criteria of existing federal programs. A particularly gray area is the nonfiction film. The American Film Institute-National Endowment for the Arts (NEA) grants program, administratively linked with the NEA's Media Arts (a unit charged to support works of artistic excellence), must distinguish in its awards between films of "artistic" and of purely factual interest. The National Historical Publications and Records Commission is open to proposals involving newsfilm and unpublished documentary footage, but has supported few film projects. The National Endowment for the Humanities, in its first film copying grant in a decade, funded in 1993 the duplication of nitrate newsreels onto new filmstock. 26 Redefining Film Preservation