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)

495 "Section 106(5) of the Copyright Act grants the copyright owner the exclusive right "in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly." "Section 106(2) of the Copyright Act grants the copyright owner the exclusive right "to prepare derivative works based upon the copyrighted wori< " ^^Sample language: 'This is a gift/loan of only the physical property constituting the Deposit Materials, and the Donor reserves all right, title, and interest it may have in and to all of the intellectual property constituting the Deposit Materials, including, but not limited to, the right of reproduction, publication, exhibition, television broadcasting or transmission (or reproduction and transmission by any other means now existing or by future improvements and devices which are now or may hereafter be used in connection with the production, transmission or exhibition of such materials) or any other intangible rights to which the Donor is entitled throughout the worid under copyright law, trademark law, common law, or other laws now existing or which may exist or be passed in the future " Alternative sample language: 'The [donation/loan] of the Deposit Materials Is limited solely to the physical materials listed on the schedule attached to this Agreement. Donor reserves all right, title, and interests it may have in and to the intellectual property which constitutes or is embodied within the Deposit Materials, including, but not limited to, the right of reproduction, publication, exhibition, television broadcasting or transmission (or reproduction and transmission by any other means now existing or by further improvements and devices which are now or may hereafter be used in connection with the production, transmission, or exhibition of such materials), videocassette, videodisc reproduction rights, or any other intangible right to which Donor is entitled throughout the worid whether by license, under copyright, common law, or othenwise." ^*A non-exclusive license is a license which does not limit the copyright owner's right to grant similar or identical licenses to other parties. "Sa/np/e language: 'The Archive may show the Film at its premises for educational and research purposes and as part of film series without admission charge." One archive has used the following language: 'The Archive is granted the right to exhibit the Deposit Films up to two times per calendar year at special exhibitions at the Archive to audiences admitted to the Archive but not charged a separate fee for such film exhibition." ^'Sample language: 'The Archive may conduct a limited number of public showings of the Film, provided that the details of such arrangement are separately negotiated between the parties (including the number and location of the screenings and the royalty, if any, to be paid to the Donor)." "For motion pictures, a wori<-for-hire is a work created either by an employee as a part of her employment relationship (for example, a press release regarding a film written by an employee of the marketing division of a studio) or as a contribution to a motion picture or other collective wori< where there is a written work-for-hire agreement. Virtually all commercially produced motion pictures, as well as all elements of the picture including the screenplay and the original music, are wort<s-for-hire. This could, however, be a 72 Redefining Film Preservation