We use Optical Character Recognition (OCR) during our scanning and processing workflow to make the content of each page searchable. You can view the automatically generated text below as well as copy and paste individual pieces of text to quote in your own work.
Text recognition is never 100% accurate. Many parts of the scanned page may not be reflected in the OCR text output, including: images, page layout, certain fonts or handwriting.
473
• to aid in the negotiation of deposit agreements; and
• to provide a reference source for parties which already have deposit agreements in place in order to ensure that those documents are comprehensive and accurately reflect the intentions of the parties.
There are as many types of archival deposit agreements as there are types of donors. Deposit agreements are customized documents, reflecting the commercial status of the donor, her motivations for deposit, her on-going interest in the materials, and archival considerations. We have, therefore, laid out the possibilities in the form of a checklist of issues from which archives and potential donors can chose the applicable sections.
We have demurred from presenting a so-called "model" agreement, finding that no single model can fit all situations. Furthermore, model agreements carry the dangerous implication that there is a "right" and "wrong" approach to the many issues listed on the following pages. The only "wrong" approach is one that fails to anticipate and clarify the key issues of donor-archive relationships.
The checklist is footnoted with excerpts from actual deposit agreements, generously supplied by film archives and motion picture studios participating in the development of the National Film Preservation Plan. The footnotes are intended to amplify the discussion with "real-life" illustrations and to suggest sample language. In all instances we have deleted the names of the parties from the excerpts. The checklist uses the term "archive" as shorthand for any public or non-profit repository library, museum, historical society, university collection committed to the preservation of film. Again, we emphasize that the best clause for each situation is the one that meets the specific needs of both parties.
Don't be put off by the length of the checklist!
Because this checklist is designed as much for non-lawyers as for lawyers, we have attempted to use as little technical legal language as possible. The checklist is lengthy because there are so many important issues that must be addressed in almost every deposit arrangement, not because these issues are particularly complicated.
A quick glance over the table of contents of the checklist on the next page should reveal that there are four basic elements that should be addressed in the deposit agreement:
(1) the materials that are being deposited (not only a clear description of the physical materials, but a thorough discussion of what additional rights, if any, accompany those materials);
(2) the nature of the deposit (including whether it is a loan, a gift, or some variant of those two);
(3) the role of the archive regarding those materials (such as consen/ation, duplication, restoration, and security); and
50 Redefining Film Preservation