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:

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486 A. Access to the materials by patrons of the archive Perhaps the most important part of any deposit agreement are the provisions setting forth the restrictions on the use of the materials by patrons of the archive." The agreement should specify who has access to the materials (e.g., the general public, public school systems, researchers or scholars engaged in serious research, etc.), and whether the use of the deposit materials is limited to the archive premises." The deposit agreement may also require the archive to take steps reasonably necessary to protect the donor's copyright interests in the deposit materials. B. Access to the materials by the donor As a general mle, archives prefer to minimize loans of deposit materials to the donor because the risk of damage when outside of archival custody defeats the original preservation intent of the deposit anrangement." However, where the donor is depositing her only copy of the deposit materials either as a loan or a gift, it may be important to the donor to retain the right of access to the deposit materials. This right of access must, however, be balanced against the archive's goal of preserving the materials for future generations, to minimize the archive's administrative costs for retrieval and copying of the material, and to protect against over-copying which can harm the physical property. One compromise is to permit the donor to request that the archive prepare copies of the deposit materials, at a mutually approved lab and at the donor's own expense.'* III. Role of the archive All deposit discussions should address the role of the archive, including storage, preservation, restoration, and cataloging of the deposit materials, as well as insurance and indemnification arrangements, security arrangements, prohibitions on transfer of the deposit materials, and de-accession procedures. As discussed below, these roles will vary greatly depending on the needs of the donor, the capabilities of the archive, and the availability of funding and administrative support. Absent a clear understanding on these issues, it should not be assumed by the donor that the archive will undertake any of these roles. A. Types of archival care The archive may assume the obligation to store deposit materials and endeavor to conserve them. Duplication onto newer film stock or full restoration (the effort to compensate for past decay and return the work to Its former state), however, requires considerable financial investment. Depositing parties should not assume that the archive will be able to fund storage, duplication, or restoration projects without outside financial and administrative assistance. Supporting Document D: Depositing Films in Archives 63