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.
482
second term, including motion picture rights, reverted to Woolrich heirs. Thus, for example, if an archive had a copy of Rear Window in its collection and had received the right from Universal to screen it publicly on its premises, it would lose this limited right of exhibition." Reversion, however, does not affect "fair use" applications permitted under U.S. copyright law (discussed in the next section).
Donors and archives should not, therefore, blindly assume that, because the donor owns the copyright to the film, she also has all necessary rights to the underiying copyrights.
(e) "Fair use" and archival uses
"Fair use" is one of the most misunderstood areas of copyright law. Many users of copyrighted material like to believe that their use whatever it is is fair use.
Section 107 of the Copyright Act sets forth the test for determining whether a given use qualifies, on a case-by-case basis, as "fair use." Before discussing this test, it should be kept in mind that "fair use" is a defense to a claim of copyright infringement; if the use in question does not infringe on one of the exclusive rights of the copyright owner (discussed above in section I.B.2.a), there is no infringement and no need to consider whether the use qualifies as a "fair use".
Examples of "fair use" set forth in Section 107 include making copies of the protected work "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." In determining whether a given use of a copyrighted wori< satisfies the "fair use" test, the statute sets forth the following factors.
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;"
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
Archives and libraries have certain special privileges under Section 108 of the Copyright Act. They are permitted to do certain forms of copying which othenwise would be an infringement of the copyright owner's exclusive rights and which might not qualify as "fair use" according to the test described above.
Supporting Document D: Depositing Films in Archives 59