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.
476
CHECKLIST FOR DEPOSIT AGREEMENTS
I. Nature of the deposit arrangement
Any review of an archival deposit agreement should begin with a consideration of the nature of the deposit arrangement between the donor (the party lending or donating the film materials) and the archive. Is the deposit in the nature of a gift or a loan? Exactly what physical property and which rights are changing hands? How long is the deposit for; and how long will restrictions (if any) imposed on the use of the materials last?
A. Type of transfer: gift bequest, or loan
There are two types of transfer: a gift and a loan. The concerns addressed by each section of this checklist apply equally to both, since even an outright gift may be subject to restrictions and limitations.
1. Gifts and bequests
A gift may be made either in the form of an immediate transfer' or as a bequest in a will which takes effect only upon the death of the donor. Archives prefer, in almost all situations, an outright gift to an extended loan.
2. Loans
Even where the deposit is in the form of a loan,' the temn of the loan may be open-ended and not limited to a set term of years (for a discussion of the duration of deposit agreements, see section I.D). (It is, of course, also possible that a loan may at some point convert to an outright gift, such as upon the death of the donor. This later approach is generally taken where an individual donor wishes to retain certain rights to the material during her lifetime.)
B. Subject matter of the transfer
All motion pictures consist of two distinct sets of rights: the tangible rights to the physical property (i.e., the reels of film) and the intangible rights contained in that property (most importantly, the copyright). Particulariy with commercial releases, these dual sets of rights are often owned by different parties. Even where a donor owns both sets of rights, she may wish to transfer to the archive only the physical property, but no rights in the copyright. Absent permission of the copyright owner, the archive's use of the material is limited to scholariy study and duplication for preservation purposes (see the discussion of "fair use" and archival use in section I.B.2.e. below).'
1. Physical materials
The donor and the archive should discuss precisely which materials are to be deposited. Deposits may include prints, preprint materials,
Supporting Document D: Depositing Films in Archives 53