Ms. Nina Ozlu August 24, 1987 If such is the case, the conservator will undoubtedly advise that it is only feasible to paint the panel anew, on a fresh canvas, and the original artist would have to do it. Inasmuch as research, sketches, and concept already exist, repainting the central panel would not be starting from scratch. Nor would it be a patched and mended work. It would have the integrity of the original work before desecration, and the same value. I would appraise it in the range of $500,000. The eight smaller panels are in good condition, though they should be cleaned. There are, also, a few small scratches which should be in-painted. They cohere the mural ensemble of which the large central panel is the keystone. An appraisal of these smaller panels would be in the range of $50,000 each. Mr. KASTEMEIER. Thank you, Mr. Smith. Briefly, we would like to hear from another distinguished American picture director, Mr. Elliot Silverstein, who is here. TESTIMONY OF ELLIOT SILVERSTEIN, CHAIRMAN, PRESIDENT'S COMMISSION, DIRECTORS' GUILD OF AMERICA Mr. SILVERSTEIN. Thank you, Mr. Chairman, for the opportunity to make a very brief remark and some presentations to the committee. First of all, with regard to the question of alienation occurring prior to work beginning rather than at the point the work exists, I would like to submit a letter from Mr. George Schaefer, former President of the Directors' Guild, a copy of a contract which he recently was asked to sign, including under the various rights granted to the producer the following phrases: The employee hereby waives throughout the world the benefit of any law or doctrine or principle known as adroit moral or moral rights of authors or any similar doctrine or principle however denominated to the maximum extent permitted by any such applicable law, doctrine or principle. This demonstrates what my colleague, Sydney Pollack, has said, either sign it or you don't work. I would submit that letter for your consideration. [The letter follows:] Please note marked section in cantract I of course struck out the marked section. Besy, George Schaefer (1) All materials supplied by Employee for the Program hereunder shall be subject to approval of the Producer, the broadcasting company or network, and the sponsor and its advertising agency. Employee expressly agrees that all of Employee's services hereunder are being rendered as a specially ordered or commissioned part of a motion picture and that Producer shall be the author and first copyright proprietor of all such materials and all of the results and proceeds of Employee's services hereunder (and all such materials and results and proceeds, therefore, shall constitute a "work made for hire" within the meaning of the Copyright Act). Producer shall own in perpetuity all rights of whatsoever kind and character, throughout the universe and in any and all languages, in and to the Program and the materials to be supplied and created by Employee hereunder and any and all parts thereof, and all of the results and proceeds of Employee's services hereunder, including, without limitation, all presentations, ideas, literary and artistic materials, titles, dialogue, characters, plots, formats, and all other matters and any and all parts thereof (all of the foregoing, "materials") written, suggested, composed, created, prepared, submitted or interpolated by Employee for or in connection with the services to be rendered and/or the materials to be supplied by Employee hereunder, or the preparation, directing or production of the Program. In connection with the foregoing, Employee expressly agrees that Producer shall be entitled to and hereby acquires the maximum rights permitted to be obtained by employers and purchasers of material under applicable guild or union agreements and shall have the exclusive right to use, exploit, advertise and otherwise turn to account any and all of the foregoing, in any manner and in any media, whether now known or hereafter devised. Producer shall, except as may be expressly provided to the contrary in the Main Agreement, pay to Employee the applicable minimum compensation, if any, required pursuant to the DGA Agreement for theatrical release of the Program, reruns or foreign telecasts thereof, exhibition of the Program in supplemental markets, or for episodic sequels based on the Program. (2) Producer shall have the right, but not the obligation, to use, adapt, change, revise, delete from, add to or rearrange the materials, or any part(s) thereof and to combine the same with other works of Employee or of others, and to reproduce, record, transmit, broadcast, perform, exhibit, and communicate the same by any means now known or |