FIAF 2007 TOKYO [ 63rd FIAF Congress ] Second Century Forum

Renew:03/28/07

Overture to FIAF Declaration on Fair Use and Access
Monday, April 9, 9:00-12:30 at Cinema 1, NFC

Organized by FIAF Programming and Access to Collections Commission and chaired by Paolo Cherchi Usai
(National Film and Sound Archive, Canberra)

Elevated to the Second Century Forum, the workshop of copyright and fair use conducted in San Paulo will continue this year in Tokyo. The forum will be divided into the following three sessions:

9:00
Opening Address by Antti Alanen and Paolo Cherchi Usai

9:10
1. Copyright in Asia

Sungji Oh (Korean Film Archive, Seoul)
COPYRIGHT IN KOREA

This presentation will focus on Korean copyright law and topics relating to film programming.

9:25
Akira Tochigi (National Film Center, Tokyo)
COPYRIGHT IN JAPAN

Copyright Act in Japan has certain uniqueness in terms of motion picture films: the copyright of a film work belongs to the producer, not to any other authors (so-called 'modern authors'), as far as the authors agree to participate in the production of the work; the protection period of the work is reckoned from the year following its first release, not the death of any authors.

With brief introduction of the Copyright Act, this presentation will focus on issues caused by such uniqueness as well as the difference between current laws and former laws, and the fair-use statute scarcely stipulated in the Act. The presentation will also cover the National Film Center's policy of programming of and access to its film collection in relation to the Copyright Act.

9:25
2. The ACE/FIAPF Agreement and the New Model Contract (2007)

Presented by Gabrielle Claes (Cinémathéque Royale de Belgique, Bruxelles)

In order to replace the old FIAPF contract of 1971, ACE negotiated with FIAPF under the umbrella of the EU to update this text meant to help the archives in their bilateral negotiations with producers and depositors.

10:30 Break

11:00
3. FIAF Declaration on Fair Use and Access

Presented by Patrick Loughney (George Eastman House, Rochester)

12:00
Symposium Paris 2008Presented by Eric Le Roy
(Archives Françaises du Film/CNC, Bois d'Arcy)

This presentation will introduce the following topics to be discussed at the symposium in Paris, 2008: the duration of copyright protection and the notion of public domain; the keeping and use of works safeguarded by archives and cinematheques; the acquisition of the right of use by cinematheques and archives: fair use and the exemption of copyright; the notion of orphan films; the status of restoration and the right of restorers; and legal deposit.

Discussions may cover topics such as the publication and access on appropriate websites (FIAF, CCAAA, IASA, etc.) of the FIAF Declaration and contacting film industries (FIAPF, MPAA, etc.).