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:

Title:
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
Date:
1996
Publisher:
Washington : U.S. G.P.O. : For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office
Volume:
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
Leaf #:
000499
Language:
English
Subjects:
Copyright -- United States, Copyright -- Motion pictures United States","Motion pictures -- Labeling United States","Motion pictures -- Conservation and restoration United States
Collection:
Government & Law and Books
Format:
Books
Contributor:
Boston Public Library
Sponsor:
Kahle/Austin Foundation and Omidyar Network
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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491 This not only protects both parties against any latent claims of oral commitments or changes, but also helps focus the parties on the fact that the only binding obligations are those set forth in the agreement, and not those discussed but never documented. D. Reservation of rights Particularly in cases where none of the copyright is assigned to the archive, it is generally prudent to include a clause reserving for the donor all rights not expressly stated in the agreement. Given the speed at which new technology is evolving, this type of clause reserves to the donor any exploitation possibilities for the film that did not exist at the time the parties entered into the deposit agreement.*' E. Assignment Deposit agreements frequently provide that the donor may freely assign any of her rights, but the archive may not make any assignment of its rights absent the donor's consent." F. Choice of law Where the donor and the archive are located in different states (and especially where they are located in different countries), the agreement should indicate by a "choice of law clause" which state's law will govern the agreement in the event of a dispute. Drafted by Scott Martin (Paramount Pictures Corporation) and Eric Schwartz (U.S. Copyright Office) in collaboration with the other members of the Public-Private Cooperation Task Force: Mary Lea Bandy (Museum of Modern Art), Raffaele Donate (Film Foundation), Douglas Gomery (University of Maryland), William Humphrey (Sony Pictures Entertainment), Brian O'Doherty (National Endowment for the Arts), and Edward Richmond (UCLA Film and Television Archive). 68 Redefining Film Preservation