FIAF Statement on Fair Use and Accessibility

Introduction

The FIAF (International Federation of Film Archives) Statement on Fair Use and Access was discussed and unanimously adopted by the FIAF Assembly at the Second Century Forum during the FIAF Congress in Tokyo in April 2007. It was also unanimously adopted by the General Assembly in Paris a year later. This text evolved from a discussion among representatives of the Commission for Programming and Access to Collections (then CPAC, now PACC) at the 2005 FIAF Congress in Ljubljana. The text addresses the dilemma facing archival institutions that conscientiously comply with copyright laws while also trying to fulfill mandates to provide the public with maximum access to their collections. Over the next three years, many versions of the statement were drafted, modified, and revised by CPAC members at Executive Board meetings. Suggestions and comments were submitted by many FIAF member associations. The final version was a coordinated effort by CPAC members to create a document that incorporated the best ideas presented.

The Declaration (FIAF), as embodied in the FIAF code of ethics which all members follow, is to preserve the world's film heritage and ensure that it remains accessible to future generations in accordance with the highest preservation standards. The result is that FIAF members:

1.  Believe that the preservation of films and the cinematic experience is a fundamental duty to preserve the nation's cultural heritage;
2.  To play a leading role in maintaining public awareness of film, from one generation to the next, through organized preservation, public education programs, and scholarly publications;
3.  Sharing common interests with the world's film producers, distributors, and rights holders of films of the past, present, and future;
4.  Are committed to respecting all domestic and international intellectual property rights. Therefore, the following principles are set forth as a basis for creating greater understanding and cooperation between FIAF member associations and international rights holders:
5.   FIAF members, in accordance with international copyright and intellectual property laws, declare their right to acquire and preserve films and related promotional and historical material for their cultural, historical, and aesthetic importance.
6.  The main mission of FIAF is to preserve and exhibit its collections and to participate in activities that promote public access, awareness, and scholarship.
7.  FIAF member societies are leading repositories for historical research information and archival materials essential for preserving international film heritage.
8.  FIAF member associations have committed themselves to upholding the highest standards for the acquisition, preservation, restoration, and exhibition of films and related promotional and historical material in their collections.
9.  To be able to fulfill their role, FIAF members need the support of the film industry and of national and international institutions responsible for legislation and treaties concerning intellectual property.
10.  FIAF recognizes the rights of copyright holders of images and other forms of intellectual property to obtain information about the acquisition of their archival holdings.
11.  FIAF recognizes the access rights of legitimate copyright holders to films in storage and related promotional and historical materials preserved by its member organizations, on the basis of fair compensation and appropriate recognition.
12. FIAF supports the copyright holders of films and related works in their efforts to combat piracy and other forms of illegal use.
13.  FIAF supports efforts to clarify the legal status of „orphan“ films and supplementary materials for preservation and public access.
14.  As a general principle of „fair access,“ FIAF member institutions declare their right to engage in the following library-related activities, without paying fees to other institutions and organizations:
    1. An exhibition in the premises of the respective museum,
    2. Loans to other film archives,
    3. Use in their own publications and promotional activities for the films, and in related promotions and other historical material in their possession.

Translation from English: the National Film Archive of Iceland.