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)

498 "Sample language: "If any breach of this Agreement is deemed curable by the Donor, the Archive shall have reasonable time, but in no event more than thirty days after receipt of notice from the Donor, to cure such breach on a one time only basis. Any act of breach which is not subject to cure, or which is subject to cure but is not timely cured, will result in tennination of this Agreement and the prompt return by the Archive, at the Archive's expense, of the Deposit Materials to the Donor." "Sample language, covering various aspects of rights accorded to the archive and its patrons: 'The Deposit Materials shall be subject to the following restrictions on use: (1) Access to the Deposit Materials will be made available only to qualified scholars for private study at the Archive. (2) No material contained in the Deposit Materials will be publicly performed, as defined by the Copyright Act, except as may be permitted by the "fair use" provisions of the Copyright Act, without the prior written permission of the Donor. (3) No part of the Deposit Materials will be removed from the premises of the Archive without the prior written permission of the Donor. (4) Except as expressly provided elsewhere in this Agreement, no part of the Deposit Materials may be copied or duplicated without the prior written pemnission of the Donor. This restriction includes, but is not limited to, transference to film, videotape, and laser disc formats." '^Sample language restricting access to scholars but not limiting use exclusively to the archive's premises: "Use of the Deposit Materials shall be limited to study by researchers or scholars engaged in serious research, which shall be conducted on the premises of the Archive [or on the premises of other archives in the United States which are members of the International Federation of Film Archives]. The Archive shall, at ail times, retain possession and control over all of the Deposit Materials. [The Archive shall, however, have the right to reproduce 16mm or 35mm positive prints of the Deposit Materials, in accordance with the terms of this Agreement, and may loan such 16mm or 35mm positive prints to other archives in the United States which are members of the International Federation of Film Archives for purposes of serious scholarty research." ^Sample language: Where loan-back arrangements do exist for the deposit materials, they may be along the following lines: "Donor may borrow from the Archive the Deposit Materials donated by Donor for Donor's own use in accordance with the following conditions: (a) Donor shall assume full responsibility for the Deposit Materials when in Donor's care, custody, and control; (b) Donor shall pay all shipping, insurance, and handling costs for Deposit Materials it borrows from the Archive; (c) Donor shall endeavor to retunn the Deposit Materials to the Archive within thirty days after receipt, or within a period mutually agreed upon in advance between the Donor and the Archive; and (d) Donor agrees to return all borrowed Deposit Materials in the same condition as when borrowed, normal wear and tear excepted, and to replace, or pay Supporting Document D: Depositing Films in Archives 75