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)

499 for the costs of repair or restoration of any lost or irretrievably damaged Materials." ^Sample language: "If the Donor requests the Archive to manufacture material from print or preprint materials (collectively the "Materials") from the Deposit Materials, the Archive will do so according to the following procedures: (1 ) Only for emergency situations (e.g., destruction of previously manufactured materials), and then only to prepare new master Materials of the complete Film. (2) Manufacture will be done at a mutually-agreed-upon laboratory and pursuant to the Donor's order, after which the Archive's Materials will be retumed directly to the Archive within a reasonable time. (3) The Donor shall be responsible for all lab, shipping, and related insurance costs (if any), plus the reasonable administrative expenses of the Archive in arranging for and handling the duplication." ^'Sample language: "Donor and the Archive acknowledge that the Deposit Materials will be stored at the following location: . Prior to tne transfer of the Deposit Materials to a vault or facility other than this facility, the Archive shall notify Donor in writing of such proposed change and shall give Donor the opportunity to inspect any such vault or facility prior to any move. Donor shall not unreasonably withhold its consent to the move to a facility of comparable quality, location, sen/ice, and security. If the Archive should build a facility of its own, shall facility shall be deemed pre-approved if the Archive warrants its suitability and comparability to this pre-approved facility." "Sample language: 'The Archive shall endeavor to maintain and preserve the Deposit Materials, and shall take reasonable steps necessary to safeguard the quality and condition of all Deposit Materials while such physical property is under the Archive's control or possession. The parties recognize, however, that, because of the natural deterioration of motion picture film materials, and in particular the highly unstable quality of parts of the Deposit Materials, the Deposit Materials will deteriorate overtime and may deteriorate to an unsafe condition. In such cases, the Archive agrees to notify the Donor of such deterioration and of the Archive's intent to destroy the unsafe material(s). The Donor shall be given the opportunity to remove such unsafe material(s) from the Archive's collection, at the Donor's expense, prior to its scheduled destruction." ^Sample language: 'The Archive shall use reasonable means to repair, restore, and/or preserve the Deposit Materials as may be necessary as determined by the Archive. The Archive agrees to notify the Donor immediately of any Deposit Materials (or components thereof) which the Archive does not intend to preserve and to give immediate access to Donor for preservation purposes." **Sample language: 'The parties recognize that, because of the highly unstable quality of parts of the Deposit Materials, some of the Deposit Materials may be damaged or destroyed in the conversion of such materials to preservation copies." *^Sample language: 'The parties indemnify each other against any and all claims, damages, and liabilities, costs and expenses (including reasonable attomey's fees, which includes an allocation for in-house counsel fees) arising out of any breach by either party 76 Redefining Film Preservation