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duplicating materials, background and production reports, shooting scripts, continuity scripts, publicity stills, etc. The agreement should set forth in detail exactly what materials are being deposited, listing not only the titles but also each element being deposited (i.e., prints, preprint materials, background and production reports, shooting scripts, continuity scripts, publicity stills, etc.) together with a description of the format (35mm, 16mm, black & white, color, etc.), number of reels (A/B reels), and running time. Where the list is long, it is frequently attached to the agreement as a schedule.
The parties should agree on the status of the physical materials that are to be deposited with the archive. In most cases, the agreement will specify that the materials are being donated in an "as-is" or "best available copy" condition. If other arrangements are agreed upon, such as where the donor agrees that new prints will be created for deposit, the agreement may specify "newly-struck release prints from the best available original master materials."
Archives frequently request preprint materials. When the donor does not have secure archival facilities, with proper temperature and humidity controls, in which to protect those elements, such deposit may well be in the best interest of all parties.
2. Copyrights
If the donor is also the owner of the copyright in the deposit materials, the agreement should address which aspects, if any, of the copyright are being licensed or assigned to the archive.
(a) Exclusive rights of the copyright owner
The copyright owner controls the following five exclusive rights (which, as discussed in the next subsection, can be licensed in whole or in part);
(1) The right of reproduction
This is the right to make physical copies of the copyrighted material.* Examples would include copies made from the original film to duplicate film (including reference prints), to videotape, or to other medium such as still photographs. Absent a grant of permission, the archive does not have the right to make any copies of the deposit materials, except as provided under the "fair use" provisions of the Copyright Act (discussed below in section I.B.2.e.).
54 Redefining Film Preservation
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