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(1) The copyright owner retains all rights to the copyright, and the deposit is limited to a transfer of the physical materials only."
(2) The copyright owner transfers to the archive a nonexclusive license/'* As previously noted, such a grant can be of any combination of rights and for any combination of territories or time periods. Where a non-exclusive license is granted, it is typically a grant by the copyright owner to the archive of permission to show the film either at the archive's premises" or at public showings," and/or to reproduce copies for archival and other limited purposes (such as reference prints).
(3) The copyright owner transfers to the archive exclusive rights. Such a grant can again be of any combination of rights and for any combination of territories or time periods. Where an exclusive assignment is made, it is generally an assignment of the entire copyright, with the donor retaining no interest in the copyright and the archive assuming full ownership. The archive is then free to license the copyright to other parties.
Wrthout a copyright assignment, the archive is limited in how it may use the film during the term of copyright protection (which, for most films, will be 75 years). Reproduction, distribution, performance, public display, or the preparation of derivative worths by the archive or by others, without the prior consent of the copyright owner, constitutes an act of copyright infringement (subject, of course, to the defense of "fair use" discussed below in section I.B.2.e).
(c) Termination of grants made by the copyright owner
It should be kept in mind that, under U.S. copyright law, the author of a copyrighted work may cancel assignments or licenses of the copyright under certain circumstances.
Any grant of rights made after January 1 , 1 978, by the author of a copyrighted wori<, other than a wori<-for-hire," can be terminated 35 years after the transfer." Similariy, a grant of rights made prior to that date is subject to termination during a five-year period commencing with the end of the 56th year of the copyright in the wort<."
Since these termination rights do not apply to wori(s-for-hire, they will not apply to most commercially produced films. However, where a motion picture is based on a literary wori<, such as a novel or short story, a termination of the grant of rights in such literary work could terminate the right to create new wori^s.
Supporting Document D: Depositing Films in Archives 57