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)

497 ^Sample language: "Donor [or Copyright Owner] agrees to assign to the Archive any and all copyright registrations for the Deposit Materials. Donor [or Copyright Owner] further agrees to duly acknowledge, execute, and deliver or procure the due execution and delivery to the Archive of any and all further assignments or other instmments that may be necessary or expedient to carry out and effectuate the purposes and intent of this Deposit Agreement, including but not limited to, any and all copyright assignments which have been or are to be executed in connection therewith. Donor [or Copyright Owner] hereby appoints the Archive, or its nominee, as Donor's [or Copyright Owner's] irrevocable attorney-in-fact, with the right, but not the obligation, to complete any such copyright assignment, fill in any blanks which may be left therein (including dates. Copyright Office infonmation, etc.), execute the same in Donor's [or Copyright Owner's] name, or obtain execution thereof by others, as the case may be, and record the same in the United States Copyright Office, or elsewhere, as the Archive sees fit." "For free information about recording copyright assignments or about copyright registrations, write to the U.S. Copyright Office, LM 455, Library of Congress, Washington, DC. 20559. To speak with a Copyright Information Specialist at the Copyright Office, call 202/707-3000. "Sample language: "The Archive agrees to retum the Deposit Materials to the Donor upon written demand of the Donor at the Donor's sole expense." Where the agreement takes this form, the archive may insist on a similar right to divest itself at any time of the deposit materials: 'The Donor agrees to remove the Deposit Materials from the Archive's custody, at the Donor's sole expense, within sixty days of the Donor's receipt of the Archive's written request that the Deposit Materials be removed." ^Sample language: 'The Archive shall be entitled to retain possession of the Deposit Materials commencing as of the date of receipt of the Deposit Materials from the Donor and continuing until the occurrence (if ever) of any of the following events: (1 ) The tennination (by act of law, by decision of a court of law, or by agreement of the parties) of this Agreement; (2) The finding by any court of law that any provision of this Agreement is void or unenforceable as drafted; (3) The dissolution of the Archive; (4) The sale or transfer of control of the Archive; [this clause appeared in a deposit agreement with a privately owned archive; it would not apply to a public archive or to a museum-based or university-based archive] (5) The failure by the Archive to maintain agreed-upon security measures; or (6) A breach by the Archive of any provision of this Agreement. Upon the occurrence of any of the above events, the Archive agrees that it will promptly retum all of the Deposit Copies to the Donor." ^Sample language: "The restrictions imposed by the terms of this Agreement on the use of the Deposit Materials by the Archive and users of the Archive shall apply for so long as the Deposit Materials are entitled to claim protection for this [motion picture, script, etc.] under copyright law anywhere in the worid." 74 Redefining Film Preservation