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continuity scripts, publicity stills, etc.) together with a description, where appropriate, of the film format (35mm, 16mm, black & white, color, etc.), number of reels (A/B reels), and footage or running time. Where the list is long, it is frequently attached to the agreement as a schedule.
Where no such inventory is attached to the deposit materials or accompanies their delivery, the archive may require an indemnification against claims of lost or nondelivered materials which may arise when the archive contends that it never received materials which the donor contends were included in the deposit.
The parties should make certain that the materials are covered by adequate insurance while in transit from the donor to the archive, even where this is not an express requirement of the agreement. The donor should be aware that any damages that occur to or loss of the deposit materials before the deposit agreement is signed and the materials are received by the arch've may not be covered by the archive's insurance.
Recordation of copyright assignments. If the donor is assigning the copyright in the deposit material to the archive, the donor should also agree to assign any copyright registrations for such material and to provide the archive with whatever documentation is necessary to effectuate the transfer." Either the donor or the archive should then record the assignment with the U.S. Copyright Office." (No such recordation is necessary where the archive is being granted only a nonexclusive license.)
D. Duration of the deposit arrangement
The deposit agreement should address the duration of: (1) the deposit itself; (2) the restrictions goveming the use of the deposit materials; as well as (3) the termination provisions which may cut short the duration of the deposit arrangement.
1. Term of the deposit
Where the deposit is a gift, the tenm of deposit is in perpetuity because title to the materials is permanently transferred to the archive. Where the deposit is in the form of a long-term loan, the donor may define the time span of the loan in many different ways: it may be at the discretion of the donor;" it may be for a set period of time (for example, a fixed number of years); it may be open-ended, subject to termination only in the event of a certain specified events," or it may be a loan for a fixed time after which it converts to a pennanent gift (for example, a loan during the life of the donor which converts to a gift to the archive upon her death).
2. Term of restrictions on the use of the deposit materials
The next section discusses restrictions that are frequently imposed by donors on the use of and access to materials deposited with film archives (section 11). Some agreements limit these restrictions to the term of
Supporting Document D: Depositing Films in Archives 61