with rights holders. holders. rights with conjunction in film distributors, boutique and studios, independent production companies, commercial sector, at the major Hollywood in the as well as societies, historical and ies, librar archives, universities, museums, tions, the non-profit sector,at government institu in happening activity with ecosystem dynamic a Here, wehave model. adecentralized on ing preservation is remarkably complex, operat film archive, but, rather, film for situation the national acentralized have not States does United The destination. their to reach roads taken various in fact have America States of of United the heritage film national the serve American. uniquely preservation film for advocacy of makes this model what on reflecting and years, thirty nearly of course the over achievements major its of some ing not being, into came first body the advisory the At of the invitation (BAMPFA) Archive andFilm represents the US Pacific members and of FIAF on Museum the National Art Film Preservation Board. Berkeley California, of University the at Curator Film Senior is Oxtoby Susan Board (NFPB),Board howof an overview offering Preservation Film National the about sights I wanted to share some information and in and information some to share I wanted The many positive advances made to pre made advances many positive The Susan Oxtoby Susan Film Heritage to Preserving aNational Politics and the Road of America The United States DecentralizedA Model: JFP editorial staff, editorial ------ture of the NFPB and how initiatives related to to related NFPB the ture of initiatives how and struc and origin the explain helps model funding public/private the American of nature synergistic the Understanding institution. federally-funded this outside States happens in United the tion of preserva film amount Virginia, asignificant in Culpeper, Conservation Visual Audio for the Packard at Campus facility state-of-the-art a operates and filmin world archive the largest of the Library of Congress. Its board mem board Its Congress. of Library the of body 1988, of Act the NFPB anadvisory is Preservation Film by National the Established marginalized. more are that film history our of areas preserving for designated funding vides States that safeguards our film heritage and pro in the United legislation we have that Congress, in officials elected and experts, policy public Congress, of taken by Library the efforts lobbying and role to the leadership thanks is it that ically emphat Yet, stated be decades. must in recent it developed have filmheritage a national fostering While the Library of Congress cares for the the for cares Congress of Library the While FILM PRESERVATION BOARD? WHAT IS THE NATIONAL
11 - - - - -
OPEN FORUM 96 | 04.2017 JFP bers work with staff of the Motion Picture, National Association of Theater Owners, Broadcasting and Recorded Sound Division Screen Actors Guild, Society for Cinema and the National and International Outreach and Media Studies, and the Writers Guild of Service unit to offer advice to the Librarian, America. In addition, there are five members- including recommendations for the an- at-large and their alternates. The NFPB has nual selection of works to be named to the had three Chairs during its history: screenwrit- National Film Registry. Its members also act er, playwright, and producer Fay Kanin from as a sounding board, commenting on trends 1988 until 2005, was followed by film industry and policies in the field of film preservation. executive Roger Mayer, who served in this role For most of its 29-year history, the NFPB was until his death in 2015, while the current chair under the direction of Dr. James H. Billington, is John Ptak, another veteran board member, who served as the Librarian of Congress from well known for his work with the American 1987 to 2015. Appointed by President Ronald Film Institute, as a film talent agent, and as a Reagan, Dr. Billington was instrumental in financier for independent films. lobbying for the formation and develop- ment of the NFPB, which adopted its current As a personal aside, I was first appointed board structure in 1992, and presided over the to the NFPB in 2005, and am now serving in NFPB’s activities for more than a quarter cen- my third term. I hold the seat that represents tury. Dr. David S. Mao served as the Acting the U.S. member archives of FIAF – a position Librarian between 2015 and 2016, following that was originally held by Mary Lea Bandy of Billington’s retirement, until the recent ap- The Museum of Modern Art’s Film Department. pointment by President Barack Obama of Dr. Rajendra Roy of MoMA currently serves as the Carla Hayden, who has been the Librarian alternate to this position. since September 2016. NFPB members meet at least once annually, The film experts who are named to the NFPB generally at the Library of Congress’s Jefferson come from different regions of the country and Building in Washington, DC, but meetings have possess a diverse range of knowledge and ex- also been held at the Packard Campus for perience. Appointed by the Librarian, members Audio Visual Conservation in Culpeper, Virginia, serve for four-year terms that are often re- and at the Academy of Motion Picture Arts and newed. Indeed, there are some board members Sciences, in Los Angeles. who have served on the NFPB since its inception in the late 1980s. Film critic and MoMA’s sen- HISTORY OF THE NFPB ior film curator Dave Kehr is such an individual, as is film director Martin Scorsese, a cham- NFPB has a storied history, especially surround- pion of film preservation who has led The Film ing the reason for why it first came into being. Foundation and World Cinema Project initia- The 1980s brought the burgeoning era of post- tives, to name just two veteran NFPB members. theatrical uses of film including TV broadcast, home video, and the beginnings of specialty There is a total of 44 NFPB members and channels. That decade also evidenced the alternates, who help represent specialized ar- broadening marketplace for the studios’ back eas of the film industry. The board structure, collections, reissued on VHS and LaserDisc for- which has 17 member “seats” plus their alter- mats, as well as the increased use of in-flight nates, allows for the representation of non- presentation of films by the airlines. These new profit associations, academic institutions, and outlets demonstrated that exploitation of films commercial sectors of the film industry. Some would be undertaken in formats that would al- of the groups or associations represented in- ter a film’s original aspect ratio, aesthetic qual- clude: the Academy of Motion Picture Arts and ities, and artistic content. The advent of “pan- Sciences, American Film Institute, American ning and scanning” technology made it easy to Society of Cinematographers, Association modify aspect ratios and other original char- of Moving Image Archivists, Directors Guild acteristics of a film for viewing on television- of America, Motion Picture Association of sized screens. When media mogul Ted Turner let America, National Society of Film Critics, it be known that he intended to colorize Orson
12 1. of theDepartment Interior States theUnited for bill appropriations an as in 1988 States Congress by United the form. original their from altered being some classic at least serve American films from pre and protect to help measure a legislative Registry, Film National the of establishment the with created, Act, Preservation Film National cinematographers), the U.S. Government’s actors, (directors, writers, artist creative the Kane Welles’s masterpiece & white black Congress of Librarian 13th the H. Billington, James
1.
, there was loud public outcry. Pressed by by outcry. public Pressed loud was , there or aesthetically significant.”or aesthetically ter films that are “culturally, historically, regis to Registry Film aNational tablish es to Congress of Librarian the Directs
1 , specified that it: that , specified Citizen Citizen - - - . had a three-year sunset clause because of op of because clause sunset athree-year had a legal study on colorization, authored by the for called Congress Convention, the Berne join like. The legislation that was ultimately adopted adopted ultimately was that like. legislation The from studios, broadcasters, academics and the support near-unanimous received United, in the sion for safeguarding a national film heritage vi this revised idea, Unlike “labeling” the earlier topics. of range a wide covering plan ervation study, and then to develop a national film pres preservation film 1992, anational to undertake and, from Congress, of to Library the posed) (as the Interior of pro originally Department to the NFPB move the from Congress to lobby Dr. films.convinced of They teration Billington to al the relating issues rights anying legal preservation of the physical elements surpass – namely, hand at the issue the larger saw Patrickvists Loughney and Stephen Leggett, film and archi Eric Schwartz, lawyer copyright as such Congress, of Library at the staffers However, period. this after films,end of to to the alteration pertaining issues contested all hotly- the with along Act, entire the low and broadcasters. The compromise was to al studios from provisions to the labeling position Library and film preservation community. The preservation film and Library the Loughney, within others and Leggett, from input with Act, Preservation Film National the for bill reauthorization arevised drafted Schwartz requirement, labeling NFPB its and in 1989. original the of demise the Following Patry, Bill and delivered and Eric Schwartz attorneys, Office Copyright two and Oman Ralph Register by co-written Office, Copyright groups. stakeholder of range adiverse of cerns the con weighs to and listens that process open today, an in 1992, in place created still is and 3. 2. Initially, the National Film Preservation Act Act Initially, Preservation Film National the As part of the US Government’s decision to decision US the of Government’s part As
Film Preservation Board (NFPB). aNational Congress of Library the in establish to Librarian the Directs label.disclosure fied speci a with labeled is film such unless Registry, the in included is and colorized been has that ablack-and-white film or public that has been materially altered, the to afilm exhibiting or distributing knowingly from any person Prohibits - 13 ------
A Decentralized Model: OPEN FORUM Susan Oxtoby 96 | 04.2017 JFP The United States of America bill had a broader focus on preservation issues beyond the National Film Registry in light of the breadth of such activities already under way in the non-profit and commercial sectors.
The National Film Preservation Act of 1992 reauthorized the National Film Preservation Board for four years (Public Law 102-307) and added the requirement for the Librarian of Congress to: “(1) study and report to the Congress on the current state of film pres- ervation and restoration activities, includ- ing the activities of the Library of Congress and other major film archives in the United States; and (2) establish a comprehensive national film preservation program for mo- tion pictures, in conjunction with other film archivists and copyright owners.” 2
During the period 1992 to 1996, David Francis, then Chief of the Motion Picture, Broadcasting and Recorded Sound Division at the Library of Congress, recommended there be a National Study, and designated public policy expert Annette Melville and film Carla Hayden, the 14th Librarian of Congress scholar Scott Simmon to write it. Schwartz and Leggett managed the process of conven- ing meetings with industry professionals in ceive some federal monies via the Library’s an- Washington, DC, and Los Angeles, who offered nual budget. After an interim period, Annette valuable input. The resulting study (June 1993) Melville became NFPF’s Executive Director, a and national plan (August 1994), together post she held until her retirement in 2014. She with the accompanying record of testimony was replaced by Jeff Lambert who, between and written comments, created an invaluable 2002-2014, had been Assistant Director of the record of preservation issues of the time. One NFPF; in this capacity, he had been largely re- that the plan prioritized was the preservation sponsible for the development of its granting of “orphan” works, recommending a public/ programs. These programs are based on the private partnership model for fundraising and NFPF’s primary mission: to save orphan films grant-giving for preservation projects. – those without owners able to pay for their preservation – made outside the mainstream REAUTHORIZATION AND THE CREATION and representing productions most at risk of OF THE NATIONAL FILM PRESERVATION FOUNDATION being lost: newsreels, silent films, experimental works, films out of copyright protection, signifi- As a result of these efforts, the National Film cant amateur footage, and documentaries 4. Preservation Act of 1996 reauthorized the NFPB for an additional seven years (Public Orphan films are the living record of the Law 104-285), and also created the National twentieth century. Hundreds of American Film Preservation Foundation (NFPF) as a free- museums, archives, libraries, universities, standing charitable organization, at arm’s and historical societies care for “orphaned” length from the federal government 3. While the NFPF is not a government agency, it does re- 4. The Foundation also engages in preservation projects in collaboration with other archives in the US and abroad; such projects are generally funded by those archives and/or right 2.
14 archives; this was named “Best box set of the of set box “Best archives; named this was Archives American DVD set, box self-published first its to produce the Arts for Endowment National the from grant amillennial received 2,230 of films. NFPFThe to the preservation contributed Rico, and Puerto and Columbia, of District the inall 50 states, institutions Todiverse. 239 NFPF date, the assisted has and varied been has overseas and America institutions, and organizations throughout archives, with involvement Its Congress. of Library the from funding in match dollars lion $14.5mthan mil several USD, received has and more of donations in-kind and cash raised plan.tion Amazingly, 1997, since NFPF the has goals generated from the national preserva and initiatives the important of example ing of Americans.” accessible to “present and future generations makethem and films orphan preserve to tions work with these organiza film preservation National Foundation Preservation Film will original filmmaterials of cultural value.The Killer of Sheep Affiliated withthe Affiliated NFPB,the NFPF is a shin (Charles Burnett, 1978), inducted to the National Film Registry in 1990 in Registry Film National the to 1978), inducted Burnett, (Charles – Library of Congress website Congress of –Library , with contributions from 21 from contributions , with Treasures from the the from Treasures - - - - archives more widely accessible to the general to general the accessible widely more archives by US film make to preserved films in aneffort six produced far so has year, by 2000” times, in 2005, 2008, and as recently as 2016, as in 2005,times, recently 2008, as and NFPB the NFPF and three reauthorized has Act website.(rights-cleared)its on films hundred several posted also has and public, vocate for the importance of film preservation. preservation. film of importance the for vocate to ad a platform Congress of the Library allows of national press coverage. The announcement amount a significant generates it released, is films Registry of slate thenew December, when Registry. Film Each to National the named the 25 of films announcement the annual is of NFPB the activities high-profile the of One budget. Library the from monies to receive eligible remains it ensures reauthorization This years. ten anadditional for renewed was it when Since 1996, the National Film Preservation 1996,Since Preservation Film the National THE NATIONAL FILM REGISTRY AS ITAS FUNCTIONS TODAY The New York New The Times Treasures DVD editions DVD editions . The NFPF. The
15 -
A Decentralized Model: OPEN FORUM Susan Oxtoby 96 | 04.2017 JFP The United States of America Members of the National Film Preservation Board in 1999
As already discussed, the Registry was mendations to the Library of Congress staff, first intended as a way of protecting some of who review those recommendations with the the classic Hollywood films threatened by the Librarian, who is the final arbitrator. commercial trend towards colorization. Works named to the National Film Registry must be For NFPB members, the process involves at least ten years old, and considered to be two rounds of voting: first a nomination “culturally, historically, or aesthetically signifi- round, which brings forward ideas, including cant.” Over time, the Registry has developed to consideration of films nominated by the gen- include a wider representation of the country’s eral public. Following the annual board meet- film heritage, “recognizing works of enduring ing, each member submits his or her second importance to American culture, that reflect round of voting – a list of 30 films, with the who we are as a people and as a nation.” top recommendation listed at number 30. The second round of voting is informed by gener- As of December 2016, there are 700 films al discussion of film titles and presentations on the Registry. For the past fifteen years, made by fellow board members, who are spe- there has been a concerted effort to make the cialists in different areas of film history. The National Film Registry more representative of NFPB has instituted a number of study groups, both the wide spectrum of film production in each charged with the task of reviewing and the U.S. and the diversity of our culture. The considering areas of cinema deemed under- process of considering which works will be represented on the National Film Registry, named to the National Film Registry involves a namely Silent Cinema, Orphan Films, Avant- deliberative process by the NFPB members and Garde & Experimental Films, Documentaries, includes the allowance of input from the gen- and Student Films. The study groups have been eral public. Members of the NFPB offer recom- effective in making the National Film Registry more reflective of the breadth and scope of film production in the United States.
16 tinued to focus much of its attention this year year this attention its of much focus to tinued the NFPF of by Films,” publication inthe resulted which presentation on “Industrial and Institutional a gave Prelinger Rick archivist and historian Social areas. NFPBthe subject different on tohave prepare engaged experts for reports Broadcasting and Recorded Sound Division Picture, the Motion of the staff and Librarian, the history, its of course the Over significance. aesthetic or cultural, historic, its on information with entry every to annotate is bywritten knowledgeable experts. The intention been have titles various on essays expanded film, and 290 each for appear descriptions brief Film Registry, National on films the about tion informa disseminate help to inaneffort where, Congress’s of website Library the of ment 6. 5. past. the in done have they as film on titles topreserve tocontinue holders the board encourages archives and rights- and medium archival existing best the mains capture and exhibition, but the board encour gies offermany alternativein opportunities - technolo digital Emerging medium. a distinct as film photochemical of recognition the on Film Registry: National to the named films 2016December press release announcement of the with statement following the tion, issuing tance of celluloid for production and preserva impor the to stressing voice Ptak), has its lent John and Eric Schwartz, Nolan, Christopher Crisp, Caleb Deschanel, Jan-Christopher Horak, 35mmnal format. 14% origi only in their and exist lost been had 70%that nation’s the of films feature silent –1929 1912 Films: Feature study entitled a published and presented, researched, Pierce in 2006 ages the preservation of film on film. Film re Film film. on film of preservation the ages Preservation Study Group (comprised of Grover
A relatively recent initiative is the enhance the is initiative recent A relatively 5 . Film historian and archivist David David archivist and historian . Film The Field Guide to Sponsored Films Sponsored to Guide Field The The Survival of American Silent Silent American of Survival The The Photochemical & Digital &Digital Photochemical The , that determined determined , that 6 ------ through outreach and external partnerships.” external and outreach through resources its and Library of use and awareness “broadening of mission the with unit service Outreach International and National Library’s Dr. Hayden indicated a new emphasis on the to NFPB the NFPF. the and stability give will reauthorizationlongest yet, a measure that the a ten-year for period, by Congress passed Act, Preservation Film the National of tion the recent news: good the 2016 reauthoriza November 4, 2016, Dr. Hayden commented on group. At on NFPB the NFPB meeting advisory the from and Congress of Library the at bers mem staff senior the from more hears she as Librarian, Dr. newly-appointed Hayden, Carla by the named initiatives and goals be will Congress of Librarian Hayden, cinema. of magic the create who film asforman and art celebrate thepeople nation embrace the richness and of diversity National Film Preservation helps Board the the pictures, motion of preservation and tion crea the in expertise its With experiences. collective our of amirror as serve and culture experts. to these questions to pose nity government divisions, and have an opportu from these reports status to receive an effort U.S. the and in Humanities, Office, Copyright sentatives from National Endowment for the repre 2016, senior with in November wemet from other government agencies. For example, to hear members board for opportunities fer 7. film America’s that national important is it but be impacted, will cidentally,preservation film in- and Congress, of Library the for funding how,tration. to know It’s soon if, or too public J. Trump’s Donald in President adminis new ushering upheaval, adramatic through gone States has in the United environment litical access to our national film heritage. and of preservation the to improve continue Dr.that NFPB the ask wecan will how Hayden anticipate we can style, leadership and ment Known for being responsive in her manage From the Library of Congress press office. press Congress of Library the From there that anticipates one ahead, Looking The annual meetings of the NFPB the of of also meetings annual The Motion pictures document our history and and history our document pictures Motion Since the November 2016 the po the November meeting, Since 7 –Dr. Carla 17 ------ A Decentralized Model: OPEN FORUM Susan Oxtoby 96 | 04.2017 JFP The United States of America heritage plan is structured as it is, built on pub- enormous output and diversity of the nation’s lic/private funding sources, involving a diverse film heritage, it is essential that all sectors of range of constituencies and encouraging infor- the film community – business, cultural, aca- mation sharing and new research. The well-de- demic, governmental – be cognizant of each veloped NFPF partnership grant programs, sup- others’ work to make certain that no area of porting film preservation projects in all regions our shared film heritage is neglected. of the country, make perfect sense. Given the fr es Institué par le National Film Preservation Act de 1988, le Establecido por la Ley Nacional de Preservación de Cine National Film Preservation Board (NFPB) est un organe de 1988, la National Film Preservation Board (NFPB) es un consultatif de la Bibliothèque du Congrès. Ses membres órgano consultivo de la Biblioteca del Congreso. Sus miem- travaillent avec le personnel de la division Motion Picture, bros trabajan con el personal de la División de Imágenes en Broadcasting and Recorded Sound et conseillent le conser- Movimiento, Radiodifusión y Grabaciones de Sonido y ofre- vateur, notamment dans l’établissement de la sélection cen asesoramiento al conservador, incluyendo recomenda- annuelle des œuvres nommées au National Film Registry. ciones para la selección anual de las obras que se añadirán Ses membres constituent par ailleurs un comité consulta- al Registro Nacional de Cine. Sus miembros actúan también tif, apportant ses remarques sur les tendances et politiques como caja de resonancia, al comentar sobre las tendencias en matière de conservation de films. y políticas en el campo de la preservación cinematográfica. Depuis 2005, Susan Oxtoby est membre du conseil du Desde 2005, Susan Oxtoby ha ejercido como miembro NFPB, représentant les intérêts des archives américaines de la junta para el NFPB, representando los intereses de los membres de la FIAF. Elle propose ici un aperçu de l’histoire archivos estadounidenses miembros de la FIAF. Ella ofrece du NFPB, revenant sur certaines de ses réalisations les plus una visión general de la historia de la NFPB, señalando notables sur près de trois décennies et tentant de cerner algunos de sus principales logros durante el transcurso de ce qu’il y a de spécifiquement américain dans sa façon de casi treinta años y reflexionando sobre lo que hace que este promouvoir la conservation de films. modelo de promoción de la preservación cinematográfica sea genuinamente americano. Les nombreuses avancées positives effectuées dans la préservation le patrimoine cinématographique national De hecho, los numerosos avances positivos realizados des États-Unis ont en fait emprunté, avant de se concré- para preservar el patrimonio cinematográfico nacional de los tiser, des voies multiples. Les États-Unis ne possèdent pas Estados Unidos de América han tomado varios caminos para d’archives nationales du film centralisées. Au lieu de cela, llegar a su destino. Los Estados Unidos no tienen un archivo la situation de la conservation de films est excessivement cinematográfico nacional centralizado: al contrario, la situa- complexe, opérant selon un modèle décentralisé. Nous ción para la preservación cinematográfica es compleja, ya avons là un écosystème dynamique dans lequel l’activité de que opera en un modelo descentralizado. Aquí tenemos un conservation se situe à l’intersection du secteur à but non ecosistema dinámico donde las actividades de preservación lucratif (institutions gouvernementales, musées, universi- ocurren en el sector sin ánimo de lucro, en las instituciones tés, archives, bibliothèques et sociétés historiques) et du gubernamentales, museos, universidades, archivos, biblio- secteur commercial (grands studios de Hollywood, socié- tecas y sociedades históricas, así como en el sector empre- tés de production et distributeurs indépendants, en lien sarial, en los grandes estudios de Hollywood, productoras avec les ayants droit). Grâce au rôle moteur et aux actions independientes, distribuidores de películas, conjuntamente de lobbying de la Bibliothèque du Congrès, d’experts en con los titulares de derechos. Gracias a la función de lide- politiques publiques et d’élus au Congrès américain, une razgo y esfuerzos de presión realizados por la Biblioteca del législation a vu le jour afin de protéger le patrimoine ciné- Congreso y por expertos en políticas públicas y funciona- matographique national et fournir des financements spé- rios elegidos en el Congreso de Estados Unidos, se ha desa- cifiques destinés à la conservation des films “orphelins” via rrollado una legislación para salvaguardar el patrimonio le programme de subvention de partenariats de la National cinematográfico de la nación y proveer fondos designados Film Preservation Foundation. À ce jour, la NFPF a aidé 239 específicamente para la preservación de películas huérfanas institutions dans chacun des cinquante États américains et a través del programa de subvenciones de la National Film contribué à la conservation de 2 230 films. Preservation Foundation. Hasta la fecha, el NFPF ha ayudado a 239 instituciones en cada uno de los cincuenta Estados y ha contribuido a la preservación de 2.230 películas. 18 Reproduced with permission of copyright owner. Further reproduction prohibited without permission.