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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483 Section 108 gives archives and libraries the right to make a single copy of a copyrighted film "solely for the purpose of replacement of a copy that is damaged, deteriorating, lost, or stolen, if the library or archive has, after a reasonable effort determined that an unused replacement cannot be obtained at a fair price." This right to make what is, in effect, a safety back-up copy, applies only if the copy is made "without any purpose of direct or indirect commercial advantage" and only if the archive or library is either (1) open to the public or (2) accessible to researchers affiliated with the archive or library as well as other persons doing research in a specialized field." As a result of Section 108, absent a contractual prohibition in the deposit agreement, an archive may have the right to make a single "replacement" copy of the deposit materials for use in the event that the primary copy is damaged, deteriorated, lost, or stolen." The deposit agreement can, of course, reiterate, expand, or even restrict this statutory right. As previously noted, the archive is limited in its uses of a motion picture only so long as that motion picture is protected by copyright (usually 75 years). All of these restrictions and limitations end with the expiration of copyright protection unless restrictions imposed by the donor continue based on the terms of the deposit agreement. 3. Other intellectual property and allied rights Although copyright is by far the most important intangible right pertinent to archival deposit agreements, the transfer and use of materials can involve many other issues including moral rights, the right of publicity, privacy law, trademarks, and collective bargaining agreements with craftspeople, actors, writers, and directors. While these concerns do not generally have an impact on the terms of deposit agreements, the issues that they pose should be kept in mind by both parties. For a brief discussion of these issues, see the attached appendix. 4. Agreement to supplement the deposit materials Where the donor plans to supplement the initial deposit with additional films or other materials in the future, the deposit agreement may provide that such future installments will be govemed by the same terms applicable to the original deposit." C. Mechanics of the transfer The agreement should explicitly state what materials are being deposited, listing not only the titles but also each element being deposited (i.e., prints, preprint picture and sound materials, background and production reports, shooting scripts, 60 Redefining Film Preservation