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copyright in the deposit materials; other agreements contain restrictions which continue to apply even after the materials have entered the public domain. On the one hand, an archive may not wish to be burdened by contractual restrictions on public domain material; on the other hand donors may hesitate to donate public domain matenal (or material about to enter the public domain) absent some restrictions on the possible commercial use of the materials by the archive or the archive's patrons out of concem that the deposited materials could be used to compete with the donor's on-going commercial use of those materials.
Neither approach is right for every situation. The best solution, as with all provisions discussed in this checklist, is for both parties to be aware of the issues and to negotiate the approach that best serves that specific concerns of the individual donor and archive.
One specific note of caution: A motion picture produced in the United States will enter the public domain in certain countries long before, and, in others, long after it enters the public domain in the United States. Therefore, where the restrictions are limited to the tenri of copyright the agreement should specify exactly which term of copyright is intended to control."
3. Termination provisions
Deposit agreements for a loan of film materials frequently provide that the donor has the right to terminate the deposit agreement and retrieve the deposit materials if the archive violates the terms of the agreement. This termination right may be limited by a "cure" right, which pennits the archive to con-ect the violation before the deposit is terminated."
If the agreement contains an unrestricted termination right, where the loan may be terminated at any time for any reason, the right is generally mutual: either the donor or the archive may tenminate.
II. Access to the deposit materials
The core of every archival deposit agreement are the provisions dealing with access to and use of the materials. As discussed above in section I, the deposit agreement should carefully describe the permissible uses of the deposit materials by the archive and its staff and the types of distributions and public screenings that the archive is authorized to undertake.
In addition, these provisions should spell out in clear detail the conditions under which both patrons of the archive and the donor herself may access and use the deposit materials.
62 Redefining Film Preservation