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)

496 concern with the transfer of copyright in films by individual creators (such as with certain avant-garde films, documentaries, and home movies). "This right is set forth in Section 203 of the Copyright Act. This termination right may be exercised by the author or by the author's statutorily defined heirs. "This right is set forth in Section 304(c) of the Copyright Act. This termination right may also be exercised by the author or by the author's statutorily defined heirs. Since the temri of copyright under the 1909 Copyright Act was, in most cases, 75 years, this termination right permitted the author (or his heirs) to recapture the last 19 years of the Copyright term (years 57 through 75 of the copyright) "These heirs, known as the "statutory heirs," are defined by the Copyright Act. They are not necessarily the same as the author's heirs under her will, and the author cannot choose or disinherit these heirs for this purpose. "In fact Universal subsequently entered into an agreement with the Woolrich heirs to acquire the rights necessary to continue distributing the picture during the second term of copyright. "The legislative history of the Copyright Act indicates that "fair use" should permit "the non-sequential showing of an individual still or slide, or. . .the performance of a short excerpt from a motion picture for criticism or comment." See House Committee on the Judiciary, Copyright Law Revision, 94th Cong., 2d sess., 1976, H. Rept. 94-1476, 72-73. "The legislative history of the Copyright Act indicates that Congress intended to specifically allow the archival copying of nitrate film: "A problem of particular urgency is that of preserving for posterity prints of motion pictures made before 1942. Aside from the deplorable fact that in a great many cases the only existing copy of a film has been deliberately destroyed, those that remain are in immediate danger of disintegration; they were printed on film stock with a nitrate base that will inevitably decompose in time. The efforts of the Library of Congress, the American Film Institute, and other organizations to rescue and preserve this in-eplaceable contribution to our cultural life are to be applauded, and the making of duplicate copies for purposes of archival preservation certainly falls within the scope of fair use.'" (The reference to "1942" was either a transcription error or a misinformed belief as to the year ending the nitrate era.] See House Committee on the Judiciary, Copyright Law Revision, 94th Cong., 2d sess., 1976, H. Rept. 94-1476, 73. "One form agreement requires the donor to provide replacement copies in the event of damage. Sample language: "If any of the Deposit Copies are, at any time, damaged, such damaged Deposit Copy will be replaced by the Donor, at the Archive's expense, upon presentation of the damaged Deposit Copy to the Donor." ^^Sample language: "Suet other and related materials as the Donor may, in its sole discretion, from time to time donate to the Archive shall be governed by the terms of this Deposit Agreement or by such written amendments as may hereinafter be agreed upon in writing by the by the Donor and the Archive." Supporting Document D: Depositing Films in Archives 73