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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487 1. storage Deposit agreements are frequently site-specific. In other words, the donor and the archive agree in advance where the deposit materials will be stored. With a major institutional archive, it is sufficient to state that the deposit materials will be stored at the usual storage facility(ies) of the archive. If the agreement restricts the storage location of the deposit materials, the agreement should allow the archive to move the materials to another location at a later date, if deemed necessary by the archive, after written notice to the donor giving the donor the opportunity to raise questions about the proposed move and voice any objections." The issues of the costs of storage, whether the archive or the donor will pay (or share the costs), and how to pay for and accommodate handling and shipping of the deposit materials should also be addressed in the agreement. 2. Conservation The archive may agree to endeavor to conserve and safeguard the quality and condition of the deposit materials. This is generally only an undertaking to stabilize and protect the materials, and should be distinguished from the duplication or restoration of deposit materials (as discussed below). Any such provision should, however, contain an express acknowledgment of the fact that all film materials deteriorate over time. Where the deposit agreement involves unstable materials, particulariy nitrate film stock, it may contain an acknowledgement of the volatile nature of the deposit materials and provide the archive with the right to destroy unsafe materials where necessary." It is extremely important for potential donors to be aware that film materials may already be in a state of deterioration at the time of deposit in an archive, and it may not be possible for the archive to stabilize such materials. For example, materials may have been treated or repaired in such a way that deterioration, such as vinegar syndrome, increases. In addition, existing damage and deterioration, which may not be detected at the time of deposit, may exist. Donors should, therefore, understand that, regardless of technical capabilities and funding sources, a commitment by an archive to conserve and safeguard the deposit materials is never an undertaking to guard against pre-existing or normally occurring damage and deterioration to those materials. 3. Duplication and restoration Occasionally, where special funding is available, an archive will agree to go beyond merely stabilizing the deposit materials and will endeavor to 64 Redefining Film Preservation