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copy and repair those materials." For example, an archive might agree to undertake preservation work including the expensive transfer of nitrate materials to safety film or the even more expensive restoration work which would add film materials to restore a film to its original release condition or to repair color fading. Even where the deposit materials are only on loan, archives require that materials which the archive creates shall remain the sole property of the archive (but subject to any contractual access restrictions imposed on the original deposit materials).
In light of the substantial expense of such efforts, coupled with the limited financial resources of most archives, this type of commitment can generally only be undertaken by an archive where supplemental extemal financial support is available.
If the archive assumes an obligation to duplicate or restore the deposit materials, the agreement may contain an acknowledgement that, where the materials are in an unstable condition (and thus most in need in duplication and restoration), it is possible that the original materials will be damaged or destroyed in the process."
B. Cataloging
The agreement may provide that the archive will catalog the materials in accordance with its standard practices and procedures. This provision is more for the benefit of the donor than the archive; an archive does not need permission to catalog its collection.
C. Insurance and indemnification
Although many deposit agreements do not delineate obligations of either party to insure the deposit materials, this does not mean that insurance is unimportant. If the donor has a continuing financial interest in the deposit materials (for example, the deposit may involve preprint material for a film that the donor is still distributing), the donor should consider insuring against possible financial harm which could result from loss, damage, or destmction of the deposit materials.
It may also be advisable to purchase insurance coverage for times during which the deposit materials are at the greatest risk of loss or damage: while in transit from the donor to the archive or from the archive to a laboratory. Even where the materials may be covered by the archive's insurance, the donor may wish to purchase additional coverage if the donor desires more than replacement-value coverage.
While insurance provisions are rare, indemnification provisions are not. These provisions frequently provide for cross-indemnifications in the result of claims or liability arising from breaches of the agreement.*" It should be kept in mind, however, that certain archives are financially unable to assume indemnification obligations, and archives of the federal govemment are prohibited by law from assuming such obligations.
Supporting Document D: Depositing Films in Archives ^ 65