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Since archives are generally not in a financial position to assume liability for the loss or destnjction of deposit materials, the agreement may limit liability to instances of negligence or willful misconduct on the part of the archive, and exclude any claims for damages resulting from losses of artistic or historical value in excess of the replacement cost of the materials.*^
D. Security arrangements
Piracy and unauthorized duplication of motion pictures, particularly in video cassette format, is a constant concem of copyright owners. When the donor has reservations about the archive's security, the donor should discuss her security concerns with the archive prior to the deposit and satisfy herself that the necessary protections are in place. Where security issues are addressed in the deposit agreement, it is usually phrased as a general undertaking on the part of the archive, as opposed to a laundry list of requirements.*^
E. Prohibition on transfer of the deposit materials to other parties
The decision of a donor to deposit her materials with an archive is frequently based on the nature (i.e., non-commercial and scholarly) and reputation of the specific archive, including its conservation and/or preservation facilities, its prominence among film scholars, etc. The donor may, therefore, specify that the archive's rights under the agreement are non-assignable and the deposit materials may not be transferred to any other party (Including another archive) absent the her permission.*^
F. De-accession of deposit materials
Since all archives are faced both with growing financial and storage constraints, deposit agreements frequently contain clauses permitting the archive to deaccession material. (The de-accession provisions differ from the termination provisions, discussed in section I.D.3, because they do not involve a breach situation or the termination of the agreement.)
There should be nothing objectionable about these provisions, provided that there is a mechanism for notifying the donor of the planned de-accession and giving her the right to recover the deposit materials or specify a new recipient of those materials.**
IV. Publicity and confidentiality
Where control over publicity regarding the deposit or the deposit materials, or regarding the confidentiality of proprietary information, is a concem, the limitations should be expressly set forth in the agreement to avoid later misunderstandings.
A. Publicity regarding the deposit agreement and materials
Particulariy when the donor is still distributing copies of the deposit materials to the public, the donor may wish to control publicity regarding the deposit
66 Redefining Film Preservation