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)

Record Details:

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479 Some agreements that do not convey an unrestricted right of public performance nevertheless grant the archive the right to conduct a limited number of public showings of the film, particulariy on the archive's premises/"" (4) The right of public display The right of public display does not apply to motion pictures themselves, but can apply to objects associated with motion pictures which an archive may wish to display. The right of public display reserves to the copyright owner the right to control the public display of copyrighted objects. This right applies to still photographs (both publicity stills and frame enlargements), costumes, set design sketches, props, or other artifacts. This right, like the right of public performance in the film itself, is retained by the copyright owner unless specifically licensed or transferred to the archive." As a result, the archive may need to obtain the copyright owner's permission to display such items. It should, of course, be kept in mind that the claim of "fair use", discussed below, applies to all of these exclusive rights. (5) The right to prepare derivative works The fifth right of the copyright owner is the right to create new copyrightable works based on the original work." Absent permission, the archive would not have the right to create new versions of the film (for example, creating a "director's cut" by adding scenes removed during the original editing process), create a soundtrack album, or license sequels, remakes, stage productions, or novelizations. (b) Types of copyright grants Because all aspects of a copyright are divisible, a copyright owner can assign any portion of it to other parties, including the archive. A limited grant can be defined many possible ways: by one or more of the five rights discussed above, by geographic area, by length of time, or by other factors. In addition, any grant of rights may be either exclusive or nonexclusive. Thus when donating physical copies of films, the copyright owner needs to consider which aspects, if any, of the copyright will be included with the loan or gift. There are three options: 56 Redefining Film Preservation