Page:Copyright Office Compendium 3rd Edition - Full.djvu/857

, Third Edition should include the name of the courier, an account number (if any), a declaration of value, and the amount of insurance required.

If the applicant requests, the motion picture will be shipped collect by means of a private courier chosen by the Library of Congress, with insurance coverage at the applicant's expense, to the amount of the declared value. If no value has been declared, the amount of the insurance will be based on the estimated replacement cost for a copy of identical physical characteristics produced by a commercial laboratory.

Unless the Office is otherwise directed in writing at the time of deposit, motion pictures will be returned to the applicant by Special Fourth Class Mail. In such cases, the Library of Congress does not assume any responsibility for providing insurance. Because of the high risk of loss with respect to certain films, the Office ordinarily will attempt to contact applicants who submit 35mm feature films, oversize deposits, and copies of special value for instructions for return by private courier at the applicant's expense.

1509.2(F)(4)(e) Recall of the Deposit Copy Under the Motion Picture Agreement

At any time within two years from the date of the initial deposit, the Library of Congress may make a written request that a copy of archival quality be submitted for its permanent collections under the terms of the Motion Picture Agreement. The party receiving the request must submit one complete copy of the film, meeting the standards set forth in Appendix A of the Agreement, to the Library at the address specified in the request within six months from the date of the recall.

1509.2(F)(4)(f) Quality of the Copy Deposited Under the Motion Picture Agreement

If an applicant has signed the Motion Picture Agreement and submits a deposit copy without requesting the return of that copy, the motion picture is considered a "non- agreement" film and is treated as though there is no Agreement on file.

The standards governing the quality of a non-agreement film are set forth in Sections 1509.2(F)(1) and 1509.2(F)(2), and the special "archival quality" standards set forth in the Motion Picture Agreement and Appendix A thereto do not apply. That said, any copy recalled by the Library of Congress under the Agreement must meet all the technical guidelines set forth in Appendix A to the Agreement.

1509.2(F)(4)(g) Termination of the Motion Picture Agreement

The Library of Congress may terminate the Motion Picture Agreement for any good cause, including single or repeated instances involving a breach of the Agreement. If the Library terminates an Agreement, the termination applies only to motion pictures deposited after the termination, and does not affect the rights or obligations of either party with respect to any copies previously deposited or returned under the Agreement. If the Library terminates the Agreement, it will not reinstate the Agreement or enter into any similar or subsequent agreement with the applicant or its successors in interest, unless the Library determines in its sole discretion that doing so would be in the best interests of the Library. 37 C.F.R. § 202.20(c)(2)(h).

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