AR 215-1 - Soldier Support Institute - U.S. Army
AR 215-1 - Soldier Support Institute - U.S. Army
AR 215-1 - Soldier Support Institute - U.S. Army
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manager is assigned, the garrison commander or Director, FMWR will appoint a copyright control officer to carry out<br />
copyright clearance functions.<br />
H–2. Forms<br />
Clearances will be requested on DA Form 3238. Requirements for additional performances are cleared rapidly, thereby<br />
avoiding the time and more complex efforts involved in cancellation procedures. Requests for additional performances<br />
are coordinated by telephone or in writing with FMWRC as soon as the additional requirements become known.<br />
H–3. Clearance procedures<br />
a. As an attachment to DA Form 3238, section 8 clearly identifies production materials on the clearance request.<br />
Information specifying the length of time required, the date requested, and whether the materials are rented or<br />
purchased will be included. The local duplication, alteration, adaptation, revision, or rearrangement of copyrighted<br />
materials is not authorized except at the specific direction of the leasing agent.<br />
b. Requests for copyright clearances and related correspondence will be sent directly to FMWRC.<br />
c. Direct communication between installations and leasing agents, trustees, or copyright owners is not authorized,<br />
except at the specific direction of FMWRC.<br />
d. If producing organizations, members of performing or producing groups, or any other installation program are<br />
contacted directly by civilian leasing agencies, except for the delivery of production materials, the entertainment<br />
program manager will forward the correspondence, with a proposed reply where appropriate, to FMWRC.<br />
e. All correspondence relating to the availability of copyrighted works will be forwarded to FMWRC.<br />
f. Requests for perusal copies may be made directly with the leasing agencies, but all costs associated with the<br />
request will be the responsibility of the requesting program. Failure to pay any associated costs may result in denial of<br />
copyright clearance and royalty requests. FMWRC will pay for and coordinate any perusal request that is submitted<br />
and coordinated through FMWRC.<br />
g. Clearance requests (DA Form 3238 and attachments) will be transmitted by facsimile or electronic mail. Copies<br />
of clearance requests will be mailed to FMWRC at the address in paragraph H–8.<br />
H–4. Production materials procedures<br />
a. Upon receipt of production materials, the recipient will conduct a complete inventory, checking against the<br />
packing slip and noting any discrepancies. In the event of a discrepancy, copies of the inventory and enclosed invoices<br />
for materials or scripts, identifying the scripts by title, will be forwarded immediately to FMWRC.<br />
b. Immediately upon completion of use of all production materials, all copyrights control officers will return<br />
materials directly to the leasing agency. The sender will retain mailing or shipping receipts, indicating items returned.<br />
The installation will be liable for any additional costs if materials are returned late, damaged, marked, or lost.<br />
Installations will send to FMWRC a check payable to the leasing agency for invoice costs of the damaged, late, or lost<br />
materials. Disputes are referred to FMWRC for resolution with the leasing agency. Failure to pay damage/late/lost fees<br />
may result in suspension of all other copyright clearances affecting the installation.<br />
H–5. Postponement and cancellation procedures<br />
a. If a scheduled performance is postponed, written notification will be provided to FMWRC before the originally<br />
scheduled performance date. If postponement exceeds 3 months, the clearance will be canceled and a new clearance<br />
request will be submitted for any subsequent production.<br />
b. Installations will provide FMWRC with written notification of cancellations as soon as possible. If some, but not<br />
all, of the cleared performances are canceled, cancellation notices will be provided before the final performance report<br />
is submitted. When an entire production is canceled, a cancellation notice will be provided immediately (especially in<br />
the case of musicals) to avoid unnecessary rental fees. Any production materials will be returned immediately to the<br />
leasing agency.<br />
H–6. Payment procedures<br />
a. Within 5 duty days of the final performance of a copyrighted work, the installation will complete the final part of<br />
DA Form 3238 verifying completed performances and will forward the form to FMWRC. This constitutes the<br />
confirmation of receipt of services/goods and is the basis for authorizing the royalty and fees payment.<br />
b. FMWRC will pay royalties and related fees for works produced by activities of the <strong>Army</strong> Entertainment Program<br />
worldwide. Royalties and related fees for works produced by schools, installation clubs, chapels, and other programs<br />
will be paid by the installation or program on the basis of an invoice from FMWRC. The check will be made payable<br />
to the leasing agency but will be sent to FMWRC for verification and forwarding.<br />
c. If a leasing agency sends an invoice for royalties and rental fees directly to the installation, it will be forwarded<br />
immediately to FMWRC.<br />
<strong>AR</strong> <strong>215</strong>–1 • 31 July 2007<br />
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