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)

501 Materials to trade papers or to the general press, (subject to the restrictions on publicity set forth elsewhere in this Agreement]." "Sample language: "Donor represents and warrants that it has the right to enter into this Agreement, but makes no representations or warranties regarding the quantity, quality, or condition of the deposit materials. The Archive represents and warrants that it has the right to enter into this Agreement, to accept the donation of the deposit materials, and to preserve the deposit materials and to perfonn all obligations required of it pursuant to this Agreement." ^'Sample language: 'The parties indemnify and hold each other (and their subsidiaries and related companies) harmless against any and all claims, damages, and liabilities, costs and expenses (including reasonable attorney's fees, which includes an allocation for in-house counsel fees) arising out of any breach by either party of any representations, warranties, or other obligations set forth in this Agreement." *^Sample language: "All rights not specifically granted to the Archive are expressly reserved by Donor and Donor shall be free to exercise those rights in its sole discretion. The act of transferring possession of the Deposit Copies to the Archive shall not be deemed to constitute any implied grant of rights." Where the archive is not granted exhibition rights or is granted only non-exclusive exhibition rights: "Nothing contained in this Agreement shall in any way restrict, impair, diminish, or in any way alter Donor's right to exhibit and exploit the deposit material in all media, to produce, distribute and exploit motion pictures or television programs based on the deposit materials, or to othenwise exploit the deposit materials." ^Sample language: "Donor may freely assign any of its rights under this Agreement. However, no such assignment shall relieve Donor of its obligations hereunder [unless assumed in writing by Donor's successor]. [In the event of any assignment by Donor, Donor agrees to notify the Archive in writing of such assignment.] The Archive may not assign any of its rights or obligations under this Agreement without the prior written consent of Donor." Also see the discussion at section III.E. '^Moral rights include the following author's rights: to be known as the author of her work; to prevent others from being named as the author of her work; to prevent others from falsely attributing to her the authorship of work which she has not in fact written; to prevent others from making deforming changes in her wortc; to withdraw a published work from distribution if it no longer represents the view of the author; and to prevent others from using the work or the author's name in such a way as reflect on her professional standing. "This Act was included in the Copyright Act as Section 106A ("Rights of certain authors to attribution and integrity"). "Congress is currently considering laws which, if enacted, would require some fonm of disclosure labeling for films that have been altered such as where a film has been colorized, edited, or panned & scanned (which refers to the process of converting the rectangular motion picture image into a square television image). Such legislation could have an impact on film archives in cases where the deposit materials have already been 78 Redefining Film Preservation