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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494 ENDNOTES ^Sample language: "Donor hereby conveys to the Archive the physical property set forth in Exhibit "A" of this Agreement which shall, upon receipt of such items by the Archive, become the sole and exclusive property of the Archive." ^Sample language: "Donor hereby agrees to lend to the Archive the physical property set forth in Exhibit "A" of this Agreement, w/hich shall, at all times, remain the sole and exclusive property of the Donor." 'For a discussion of the types of copyright grants which a copyright owner might make, see section I B.2.b, at page 56. *Section 106(1) of the Copyright Act grants the copyright owner the exclusive right "to reproduce the copyrighted work in copies." 'Section 1 06(3) of the Copyright Act grants the copyright owner the exclusive right "to distribute copies. . . of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending." 'This is known as the "first sale doctrine"; it provides that the owner of a legally made copy of a copyrighted work may dispose of that copy without the permission of the copyright owner. (Section 109 of the Copyright Act.) This right is limited, however, to re-sale of the single copy. It does not convey any right to create additional copies. 'Section 1 06(4) of the Copyright Act grants the copyright owner the exclusive right "in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly." To perform a work publicly is defined in Section 101 of the Copyright Act as performing or displaying a work at a place open to the public or at any place where a substantial number of persons is gathered as well as the transmission or communication of a performance or the display of a work. 'Section 1 1 0(1 ) of the Copyright Act provides that the following is not an infringement of copyright: "[the] performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawrfully made." "Sample language: "The Deposit Materials may be used only for private study on the Archive's premises by researchers and scholars engaged in serous research under the Archive's usual and special regulations governing the accreditation of such scholars." "For a discussion of sample language permitting a limited number of screenings of a film, see endnotes 15 and 16. Supporting Document D: Depositing Films in Archives 71