In Conversation: Unlocking the Archival Treasure Trove

In our second panel of the 2024/25 “In Conversation Series” from Experience Residencies, "The Archival Treasure Trove: How to Find It. How to Use It.", Jennifer Petrucelli and Rachel Antell of Sub-Basement Archival shared invaluable insights into the art and science of working with archival materials. Whether you're a filmmaker, historian, or content creator, their expertise offered actionable takeaways on navigating the complex world of archives.

The Role of Archival Experts: Early Involvement is KeyInvolving archival experts early in the creative process will help both creatively and budgetarily later in the production process. Ideally, this begins in pre-production to establish a robust strategy for sourcing and utilizing archival materials. 

Identify Target Archives: From large institutional collections to individual contributors, knowing where to look is half the battle– researching archives that align with your project’s theme, understanding their scope, and considering unconventional sources. For instance, participants in a film can often provide unique and personal materials, such as photographs, letters, or unpublished footage, which may not be available elsewhere. Building a comprehensive list of potential sources at the start of production or even during development ensures no stone is left unturned.

Define Budget Parameters: Understanding budget constraints upfront helps prioritize archival sources and manage costs effectively. Start by identifying which materials are essential to the narrative versus supplementary, evaluating the costs of licensing fees, and considering potential travel expenses for accessing physical archives. By aligning the budget with creative goals, teams can make more informed and strategic choices.

Plan for Licensing and Fair Use: Early discussions around copyright and licensing ensure smoother workflows and prevent last-minute legal complications. Fair use, while a cost-effective option, requires detailed documentation and legal counsel to justify its application. Licensing, on the other hand, involves negotiating terms that fit within the project’s budget and scope. Being proactive about these discussions avoids delays and unexpected hurdles during production.

Collaboration During Production

That early involvement from Archival professionals can help inform the production process.  Oftentimes, it's during the interview process where a subject might open up about a special piece of archival material that was found during prep or lead the narrative into a different direction.  Many filmmakers will travel to interviews with a high quality scanner, so that they can capture archival material that they may not have gained access to otherwise.

The work of Archival Producers sits strategically between, Production, Editorial and Legal.  And fittingly there is a glossary of terms and processes that every archival producer needs to be familiar with.

Copyright and Public Domain

Understanding copyright and public domain is essential when working with archival materials. 

What is Public Domain?: Public domain refers to materials that are not protected by copyright and can be used freely without seeking permission. Generally speaking, in the United States, works in the public domain were created before 1929 or anything created by the Federal Government, like NASA footage.

Using Public Domain Materials: While public domain materials are free to use, proper attribution is often encouraged as a best practice. Creators should also verify that the material is indeed in the public domain, as misclassification can lead to unintended legal issues. It is also important to note that while Public Domain materials do not require licensing, some entities will still charge an access fee for use of their high quality masters.

Navigating Copyrighted Materials: For works under copyright, permission must be obtained from the rights holder to use the material unless it qualifies for fair use. This includes identifying the copyright owner, negotiating licensing terms, and executing all agreements.

Research Tools for Copyright Status: The Cornell Copyright Chart is a good place to start in determining the copyright status of a piece of archival material.

Licensing

One could argue that the process of making a documentary is a constant act of balancing creative goals with budgetary realities.  How you enter the licensing process could be a defining factor in achieving success in both areas.

Negotiating Licenses:  Building relationships with archivists can often lead to greater access to material.

Impact of Terms and Usage on Costs: The scope of terms and usage directly affects the cost of the material. For example, requesting theatrical rights or long-term licenses will likely increase costs compared to non-exclusive, time-limited use. Additionally, negotiating for broader usage rights upfront—such as for promotional materials or future formats—can save costs and logistical headaches later in the project. Understanding these dynamics allows for more informed and cost-effective negotiations.

Fair Use: A Cost-Effective but Complex Solution

Fair use can be a valuable strategy for reducing licensing costs, but it requires careful planning and a thorough understanding of legal standards. 

Defining Fair Use: Fair use allows for limited use of copyrighted materials without permission, provided certain conditions are met. This includes purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. However, fair use is not a blanket permission and must be evaluated on a case-by-case basis.

Key Factors in Determining Fair Use:

Purpose and Character of the Use: Is the use transformative? Does it add new expression or meaning to the original work? 

Amount and Substantiality: Using a smaller portion of a work, and no more than is needed to make your point, will favor fair use

Documentation and Legal Support: To ensure compliance, creators should document how their use meets the fair use criteria. Consulting legal experts who specialize in intellectual property law Is the only way to secure a fair use argument, and the lawyer’s letter will be required to obtain E&O insurance for your film. 

Quality of Fair Use Material: If you’re using archival materials under fair use, you are limited to using the materials in the format and quality that is available. It’s important to remember that you cannot ask the archival source for a higher quality version of the material.

4 Key Takeaways for Navigating Archives

Do Your Homework: Research the history and scope of the archive to streamline your search. This includes understanding the archive’s cataloging system, identifying key collections relevant to your project, and reviewing any finding aids or guides they provide. Reach out to archivists ahead of time to clarify access policies or discuss potential materials.

Be Open to Surprises: Some of the best discoveries come from unexpected places. While it’s important to have a plan, allow room for exploration. Unlabeled boxes or overlooked collections can yield hidden gems that enrich your project in ways you didn’t anticipate.

Build Relationships: Whether with individuals or institutions, strong relationships can open doors to unique materials. Establishing rapport with archivists, donors, or private collectors can provide access to materials not publicly available. Demonstrating respect for their expertise and interest in their collections often leads to deeper collaboration and insights.

Document Everything: Meticulous record-keeping ensures smooth transitions between team members and phases of production. Use spreadsheets or digital tools to track materials—including source details, usage rights, and licensing requirements. Maintaining thorough documentation will save time, prevent miscommunication, and ensure compliance with copyright agreements.

Only pull items whose owner you can verify. While Youtube can be a good starting point, videos are often posted to it by people who do not own them. Before introducing any archival element into a documentary workflow, it is always wise to know who is the owner and that they are open to licensing the material. This avoids any unwelcome surprises once you are at picture lock.

The Convergence of AI and Archival Material

Before turning the panel over to the Q+A, Jennifer and Rachel touched on the work they are doing with the Archival Producers Alliance as it relates to AI. The use of generative AI in documentary filmmaking is becoming increasingly relevant, requiring careful consideration when incorporating AI-generated content, such as images or audio, into productions. AI-generated content has the potential to pollute the public record by creating convincing but false representations of historical events or figures. In response to this, the Archival Producers Alliance has published THIS GUIDE on how to responsibly use generative AI in documentaries. The guide stresses the importance of transparency, both with audiences and within production teams, and addresses key issues such as legal, ethical, and archival considerations. The group also recommends creating cue sheets for AI-generated materials, similar to those used for traditional archival content, to ensure clarity and accountability. Filmmakers are encouraged to consult legal experts and remain vigilant about the impact of AI on their workflows.

Building Community and Creating Pathways for Emerging Professionals

In the field building work we’ve been doing at Industry Standard, it’s become increasingly obvious of the need for engaged and experienced Archival professionals in the industry.  Peer networking remains the most valued activity an emerging artist can do to gain opportunities in the field of archival producing. The Archival Producers Alliance is a great place to find community and shared experiences with professionals that are interested in building the field and supporting filmmakers in their pursuit of archival material.

The knowledge and insight that Jennifer and Rachel shared with Experience Residents and other members of the community underscored the vital role archives play in storytelling. By planning strategically, collaborating effectively, and navigating legal considerations thoughtfully, creators can unlock the full potential of the archival treasure trove.

About Jennifer Petrucelli and Rachel Antell

Rachel Antell and Jennifer Petrucelli met while completing graduate work at Stanford University’s Documentary Film program.  Sub-Basement Archival brings together their considerable and complementary strengths - honed for 15 years in documentary production. Since its founding in 2014, Sub-Basement has had the honor of working on award-winning documentaries on a wide range of social and political topics that have aired on public television, network television and the major streaming platforms. Sub-Basement projects have screened at Sundance and festivals worldwide, garnered three FOCAL Awards for use of archival footage, and received an Emmy nomination for Outstanding Research in a Documentary.

Recently, along with Stephanie Jenkins of Florentine Films, Jen and Rachel co-founded the Archival Producers Alliance, an organization created to influence policy and effect change within the industry.

LinkedIn:  Jennifer Petrucelli +  Rachel Antell

Website:  Sub-Basement Archives

Organization:  Archival Producers Alliance