Wikipedia

Legal deposit

(Redirected fromDepository library)

Legal depositis a legal requirement that a person or group submit copies of theirpublicationsto a repository, usually alibrary.The number of copies required varies from country to country. Typically, thenational libraryis the primary repository of these copies. In some countries there is also a legal deposit requirement placed on the government, and it is required to send copies of documents to publicly accessible libraries.

Books in legal depositories in 2018-2020

The legislation covering the requirement varies from country to country, but is often enshrined incopyright law.Until the late 20th century, legal deposit covered onlyprintedand sometimesaudio-visualmaterials, but in the 21st century, most countries have had to extend their legislation to coverdigital documentsas well. In 2000,UNESCOpublished a new and enlarged edition of Jean Lunn's1981 Guidelines for Legal Deposit Legislation,which addresses the issue of electronic formats in its recommendations for the construction of legal deposit legislation.[1][2]

The number of books deposited in national legal repositories increased from 2.4 million in 2018 to 2.7 million in 2019, mainly due to a substantial growth in digital deposits.[3]

By country

edit

Australia

edit
See also:National edepositandCopyright Act 1968

In Australia, section 201 of theCopyright Act 1968[4]and other state acts requires that a copy of all materials published in Australia be deposited with theNational Library of Australia.State laws require books and a wide range of other materials published in each state to be deposited in the applicable state library.New South Wales,QueenslandandSouth Australiaalso require books published in those states to be deposited in the library of the state parliament. New South Wales law also requires books published in that state to be deposited in theUniversity of Sydneylibrary.[5][6]

The relevant legislation governing deposit of items to state and territory libraries are: thePublications (Legal Deposit) Act 2004(NT);[7]theLibraries Act 1988(Qld), theLibraries Act 1984(Tas),[8][9]Section 35 of theLibraries Act 1982(SA),[10][11]theLibraries Act 1939(NSW),[6]Section 49 of theLibraries Act 1988(Vic),[12][13]and theLegal Deposit Act 2012(WA)[14]TheAustralian Capital Territory(ACT) has no local legislation as of May 2020,but publishers "are encouraged to lodge a copy of their publications with the ACT Heritage Library for ongoing preservation and access".[15]

TheCopyright Act 1968and legal deposit legislation pertaining to each state[16]mandates that publishers of any kind must deposit copies of their publications in the National Library of Australia as well as in the state or territory library in their jurisdiction. Until the 21st century, this has applied to all types of printed materials (and in some states, toaudio-visualformats as well).[17]On 17 February 2016, the federal legal deposit provisions were extended (byStatute Law Revision Act (No. 1) 2016) to cover electronic publications of all types.[16]By July 2018, while theNorthern Territorywas the only jurisdiction with legislation with explicit mention of "internet publications" (in itsPublications (Legal Deposit) Act 2004),Queensland'sLibraries Act 1988andTasmania'sLibraries Act 1984were broad enough to include digital publications.[8][18]Most states and territories have been reviewing or amending existing legislation to extend to digital publications as well.[17][19]TheState Library of South Australiarequires that electronic publications should be deposited rather than print whenever possible ".[10]In June 2019, New South Wales passed new legislation, theLibrary Amendment Act 2019,which amended theLibrary Act 1939and repealed previous legal deposit legislation, theCopyright Act 1879(NSW). The change means that legal deposit now applies to all formats, including digital.[6]

Under the legislation (section 195CD (1) (c) (i)), publishers are required to deposit digital publications withoutTechnological Protection Measures (TPM) or Digital Rights Management (DRM);that is, the copy must contain all content and functionality, without protection measures such as password protection or subscription paywalls.[20]

Austria

edit
See also:de:Pflichtexemplar § Österreich

Belgium

edit
See also:nl:Depotplicht § België
See also:fr:Dépôt légal § Belgique

Brazil

edit
Brazilian law of legal deposit of Pedro II of Brazil in 1847.

Legal deposit legislation in Brazil ( "Depósito legal" ), federal laws number 10994[21] and 12192,[22] requires that one copy of every book, music or periodical published in the country be sent to theNational Library of Brazil(known as Biblioteca Nacional, Biblioteca do Rio de Janeiro, or Fundação Biblioteca Nacional), located in the city ofRio de Janeiro.

Brunei

edit

Under the Preservation of Books Act (1967, revised in 1984), three copies of every "book, report, pamphlet, periodical, newspaper, sheet of letterpress, sheet of music, map, plan, chart or table separated published" shall be delivered to the Director of Museums within one month after the publication at one's own expense.[23][24]

Canada

edit

In Canada, the Library and Archives of Canada Act (2004)[25]specifies that up to two copies of any published material must be deposited with Library and Archives Canada. Materials deposited in the archives are catalogued; the catalogs are available as part of theLibrary and Archives Canadawebsite. The province of Quebec also requires deposit of two copies of any document be deposited toBibliothèque et Archives nationales du Québecwithin seven days of its publication.[26]

China

edit

In China, Article 22 ofRegulations on the Administration of Publication(2001)[27]states that three copies of each printed publication should be submitted to theNational Library of China,one copy to the Archives Library of Chinese Publications and one copy to the administrative department for publication under the State Council.[28]

Colombia

edit

In Colombia, the law of legal deposit is regulated by Law 44 of 1993, the statutory Decree 460 of March 16 of 1999, and Decree 2150 of 1995. These laws and decrees are specifically about theNational Library of Colombia.The creators of printed works, as well as audiovisual, audio, and video productions, should supply the library with a specified number of copies of the works, whether they were produced within the Colombian territory or imported.

  • For printed works, two copies of each of the works produced within the national territory should be delivered to the National Library of Colombia; one copy to theBiblioteca del Congreso de la República de Colombia(Library of the Congress of the Republic of Colombia), and one copy to the Central Library of theUniversidad Nacional de Colombia(National University of Colombia), excepting a few cases in which the high cost of the edition or the short duration of publication makes it possible to deliver fewer copies.
  • For audiovisual and audio works, as well as for published works that have been imported, only one copy needs to be delivered to the National Library.

Croatia

edit

In Croatia, legal deposit was established in 1816. Today, it is regulated by the Libraries Act, which stipulates nine copies should be supplied by the publishers. Of these, two are received by theNational and University Library in Zagreb,while university and scientific libraries inOsijek,Rijeka,Pula,Zadar,Split,DubrovnikandMostarreceive one copy each.[29]

Denmark

edit

In Denmark, legal deposit has been required since 1697,[30]and is handled by theRoyal Danish Library(for most written works) and by the State and University Library (for newspapers, audio, and video); two copies must be supplied.[31]This also includes works in digital format, and the publisher may be required to supply the necessary passwords.[32]

Faroe Islands

edit

Legal deposit of four copies of every publication is required to theNational Library of the Faroe Islandsunder a law passed on July 16, 1952.[33]

Finland

edit

In Finland,The Royal Academy of Turkuwas given right to receive a copy of all works published in Sweden in 1707. After Finland had been ceded by Sweden to Russia, this privilege was confirmed in 1809. In 1820, all Russian print presses began to send legal deposit copies to Finland.

Gaining its independence in 1917, Finland retained the principles of legal deposit. Helsinki University Library (the university had been transferred from Turku in 1827) remained the main deposit library. Additional copies began to be deposited in other libraries in Turku, Jyväskylä, and Vyborg (later Oulu). In 1984, the obligation to deposit was expanded to audiovisual materials; responsibility to preserve films was given to theNational Audiovisual Institute.

A new act on depositing and preservation of cultural materials was given in 2007. The new act covers two new important types of cultural materials. The National Audiovisual Archive collects and preserves broadcast materials, whereas theNational Library of Finland(Helsinki University Library renamed) takes care of capturing and preserving Web content.[34]

France

edit
See also:Books in France

In France, legal deposit was initiated by theOrdonnance de Montpellierof 1537, under which a copy of any published book had to be delivered to the king's library, for conservation purposes. During the following centuries, legal deposit was sometimes used to facilitate censorship and the obligation was thus removed briefly during theFrench Revolution,under the argument that it violatedfreedom of speech.The main depository is theBibliothèque nationale de France.Legal deposit is extremely developed and concerns not only printed material but also multimedia archives and even some web pages.

France is also unique in the world in funding theOsmothèque,a legal deposit scent and fragrance archive to preserveperfumeformulas.

Germany

edit
See also:Media of Germany

In Germany, since 1913 publishing houses bound by a contract with the booksellers' guild, theBörsenverein des Deutschen Buchhandels,were required to send a so-calledPflichtexemplarof each book in print and stock to theDeutsche BüchereiinLeipzig.After World War II,Deutsche Büchereikept going inEast Germany,while theDeutsche Bibliothekwas founded inFrankfurt am Main,West Germany.Legal deposits kept being required strictly by Private Law, organised by the Börsenverein and the German booksellers. Since 1969, the German National Library Law (Gesetz über die Deutsche Bibliothekvom 31. März 1969,BGBl. I S. 265)[35]required that two copies of each print publication and of some non-print publications be sent to the German National Library in either Frankfurt am Main orLeipzig(depending on the publisher's location). The act was replaced in 2006 by the German National Library Act, as theGerman National Library,orDeutsche Nationalbibilothek,was founded.[36]Additionally, eachfederal stateof Germany requires that one or two copies of works published in that state be deposited in the respective state repository.[37]

Hong Kong

edit

Under section 3 of the Books Registration Ordinance the publisher of a new book shall, within one month after the book is published, printed, produced or otherwise made in Hong Kong, deliver to theSecretary for Broadcasting, Culture and Sportfree of charge five copies of the book.[38]

A person who contravenes such requirement shall be guilty of an offence and shall be liable on conviction to a fine ofHK$2000.[39]

The secretary is required to send one copy to theCity Hall Library,which was the main library of the previousUrban Councilor such other library as he may approve.[40]

This requirement did not include any library under the previousRegional Council(another municipal council in Hong Kong), and was not amended since theHong Kong Central Librarywas open and replaced the City Hall Library as the main library for the whole dependent territory.

Hungary

edit
See also:hu:Köteles példány § A magyarországi jogi szabályozás

Iceland

edit

In Iceland, four copies of any published, printed, material must be sent to theNational and University Library of IcelandinReykjavík,three of which will be kept there, and one of which will be kept atAmtsbókasafnið á AkureyriinAkureyri.If fewer than 50 copies are made only two are required.[41]

India

edit
See also:Book publishing in India

The Delivery of Books Act 1954 enacted by the Indian parliament regulates the deposit of books published in India to theNational Library of India,Kolkata and three other libraries namely,Connemara Public Library,Chennai; Central Library, Mumbai and theDelhi Public Library.The Act was amended in 1956 to include periodicals and newspapers.[42]The Indian National Bibliography is compiled on the receipt of books received under Delivery of Books Act at the National Library, Kolkata.[43]

Ireland

edit

One copy of each book and periodical published in the Republic of Ireland must be deposited with theNational Library of Ireland(NLI), theBritish Library,and each of the seven university libraries:Trinity College Libraryand those of theUniversity of Limerick(UL),Dublin City University(DCU), and the four constituent universities of theNational University of Ireland(NUI).[44][45]Four other British libraries can submit a written request for a copy within a year: theBodleian Library,Cambridge University Library,theNational Library of Scotlandand theNational Library of Wales.[44][45]Irish publishers have complained at the obligation to supply up to 13 free copies of works which may have a small print run.[46][47][48]Trinity College Library incurs expense, partly reimbursed from public funds, in receiving UK books and acting as a clearing house for Irish books sent for UK deposit.[46]

TheIrish Free Statein 1922 inherited the UK'sCopyright Act 1911(1 & 2 Geo. 5.c. 46), which made Trinity College Library and those in the UK the legal deposits for UK-published books.[49]When the Free State's first copyright law was debated in 1927, it was decided to retain Trinity College Library rather than the NLI as the deposit for UK books, on the grounds of continuity.[50][51]It retains the status as of 2016.[45]Originally the 1927 bill proposed only to add the NLI as a deposit for Free State publishing;in committeethe three then constituent colleges of the NUI were added as well, while status of the lesser British libraries was reduced from automatic to by request.[52][53]St Patrick's College(predecessor ofNUI Maynooth) was added in 1963,[51][54]and UL and DCU in 1989 on promotion to university status.[55][56]In 2000, the deposit requirement was extended toe-publishing,and libraries could request digital copies in addition to hard copies.[44]In 2017, the NLI began a consultation on extending legal deposit toborn-digitalresources, which it had begunpreservingin 2011 from voluntary deposits.[57]

Israel

edit

In Israel, "The Books Law 2000 (5761)" requires two copies of each publication to be sent to theNational Library of Israel.The library of theKnessetand theIsrael State Archiveare each entitled to receive one copy upon request.[58]

The government authorities are required by the "Freedom of Information Act, 1999" to send an annual report of their actions to the public library of every town with 5,000 people or more.

Italy

edit
See also:Media of Italy

In Italy, the law on legal deposit (15 April 2004, n. 106) requires a copy of each publication to be sent to both theNational Central Library of FlorenceandNational Central Library of Rome,as it has been since the institution of theKingdom of Italy(1861).

In addition, theregionsdetermine local regional andprovinciallegal deposit libraries, which receive two more copies and often inherit that status from their pre-unification history. For instance, theBiblioteca Nazionale Braidenseis the legal deposit library inLombardysince 1788 (when it covered theDuchy of Milan) and the National Central Library of Florence since 1743 (for theGrand Duchy of Tuscany).

Japan

edit

The legal deposit requirements for Japan'sNational Diet Libraryare specified in Chapters X through XI-3 of the National Diet Library Law.[59]These requirements vary based on whether the publishing entity is governmental or nongovernmental, and on whether the work is published physically or online. Required works are books, pamphlets, serials, music scores, maps, films, other documents or charts, phonographic records, and digital text, images, sounds, or programs. Nongovernmental publishers must submit a single copy, and are entitled to "compensation equivalent to the expenses usually required for the issue and deposit of the publication;" noncompliance is subject to a fine.

Kenya

edit

In Kenya, the legal deposit regulation is covered under theBooks and Newspaper ActCap. 111 of 1960.[60]It covers books (any volume), encyclopaedia, magazines, review, gazette, pamphlet, leaflet, sheet of letterpress, sheet of music, map, plan and chart. However, it gives exceptions to letter heading, price list, annual reports, trade circular, trade advertisement, government publications, legal, trade or business document. The Acts gives the mandate toKenya National Library Serviceand theRegistrar of Books and Newspapers.According to the Act, publishers should deposit two copies with theDirector, Kenya National Library Serviceand not more than three copies to the Registrar of Books and Newspapers as it may be specified. The regulations were last reviewed in the year 2002 where penalties were specified for non-compliance.[61]

Liechtenstein

edit

TheLiechtenstein State Library,colloquially known as the State Library, was formally established by law by the National Library Foundation in 1961. The State Library possesses a legal depository. As per the amended statutes, the roles of the State Library changed as such: the State Library now functions as a national library as well as a scientific and public library. As a national library, the State Library collects print materials, pictures and music created by citizens of Liechtenstein as well as items related to Liechtenstein. Also, the State Library acts as a patent library for the Principality of Liechtenstein and as such provides access to comprehensive international patent information. The State Library’s rules and regulations must follow the current legislation underLiechtenstein’s European Economic Areaas well as Swiss legislation.[62]

Macau

edit

Decree-Law No. 72/89/M requires that copies of works published in Macau be deposited with theMacao Central Library.[63][64]

Malaysia

edit

In Malaysia, according to theAkta Penyerahan Bahan Perpustakaan 1986(Deposit of Library Material Act 1986), five copies of printed library materials including books, printed materials, maps, charts and posters must be deposited to theNational Library of Malaysia.In addition, two copies of non-printed library materials must also be deposited.[65]

Monaco

edit

In Monaco four copies of locally produced books, computer software and media must be deposited in theBibliothèque Louis Notari.If fewer than 100 copies were produced only two copies are required.[66]

New Zealand

edit

Legal deposit was initiated in 1903 in New Zealand, and currently requires that copies of all printed documents and offline electronic documents (e.g. DVDs) be sent to theNational Library of New Zealandwithin 20 working days of publication. It also empowers the National Librarian to make copies of Internet documents including websites. If asked for assistance in making copies of their Internet documents, publishers must comply within 20 working days. This process is given legal force by Part 4 of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003,[67]as well as three supporting requirements notices.[68][69][70]If more than 100 copies are printed in total, two copies must be provided, otherwise one. If the price of one copy is greater than $1,000 NZD, only one copy is required.[71]

Poland

edit

Since 1780 theZałuski Libraryhas been entitled to a copy of all works published in Poland. In modern times the issue is regulated by a Decree of the Minister of Culture and Arts of March 6, 1997. TheNational Library of Polandand theJagiellonian Libraryreceive two copies of all publications, one of which is to be stored indefinitely. In addition to that, there are 15 other libraries to receive legal deposits to be stored forno less than 50 years:Maria Curie-Skłodowska University Library,University of Łódź Library,Nicolaus Copernicus University Library,Adam Mickiewicz University Library,University of Warsaw Library,University of Wrocław Library,Silesian Library,City of Warsaw Library,Pomeranian Libraryin Szczecin,University of Gdańsk Library,Catholic University of Lublin Library,University of Opole LibraryandPodlaskie Libraryin Białystok. TheNational Film Library(Filmoteka Narodowa) is to receive all film productions, while theSejm Libraryreceives a copy of all legal documents.

Portugal

edit

In Portugal, all publishers are currently required to deposit 11 copies of all publications, which are distributed between theNational Library of Portugal,municipal libraries of major cities, and the libraries of public institutions of science and higher learning. Special exceptions, of which only one copy is required (and stored in the National Library), include Masters and PhD dissertations, limited prints, stamps, plans, posters, among others.

Romania

edit

In Romania, all publishers are required to deposit copies of publications at theNational Library of Romania.For books and brochures the minimum requirement is 7 copies.[72]For periodicals, school manuals and audiovisual publications, the legal deposit is 6 copies while for sheet music, atlases and maps the minimum requirement is 3 copies. Also, for PhD theses, the legal deposit is 1 copy.

Russia

edit

In Russia theRussian State Library(Moscow), theNational Library of Russia(St Petersburg), theLibrary of the Russian Academy of Sciences(St Petersburg), theState Public Scientific & Technological Library(Novosibirsk) as well as the libraries of theMoscow State University,thePresident of the Russian Federation,and the two Houses of theFederal Assembly of the Russian Federationare entitled to a copy of every book published.[73]

Singapore

edit

In Singapore, theNational Library Board Actrequires all publishers in Singapore to deposit two copies of every publication to theNational Library Boardat their own expense within four weeks from the publication date.[74]

Slovenia

edit

The forerunner of theNational and University Library of Slovenia,the Lyceum Library ofLjubljanawas established around 1774 by a decree issued byMaria Theresafrom the remains of the Jesuit Library and several monastery libraries. The submission of legal deposit copies to the Lyceum library became mandatory with a decree published by the Austrian court in 1807, at first only inCarniola,except for a short period of French occupation, when it received copies from all theIllyrian provinces.In 1919, it was namedState Reference Libraryand started to collect legal deposit copies from theSloveniaof the time. In the same year, theUniversity of Ljubljana(the first Slovenian university) was established and the library served its needs too. In 1921, it started to acquire legal deposit copies from the entireKingdom of Yugoslavia.It was named the University Library in 1938.[75]Digitalna knjižnica Slovenije(Digital library of Slovenia) is a project of the National and University Library of Slovenia.

South Africa

edit

In South Africa theLegal Deposit Act, 1997requires publishers to provide five copies of every book published, if theprint runconsists of 100 or more copies. These copies must be deposited in theNational Library of South Africa(NLSA) inCape Town,the NLSA inPretoria,theMangaungLibrary Services inBloemfontein,theMsunduziMunicipal Library inPietermaritzburg,and the Library ofParliamentin Cape Town. If the print run is less than 100 copies, then only one copy is required, to be deposited in the NLSA in Cape Town. If it is less than 20 copies, then no deposit is required.

For films, videos andsound recordings,the requirements are the same, except that theNational Film, Video and Sound Archives(NFVSA) receives a deposit copy instead of the Library of Parliament, and if only one copy is required it is deposited in the NFVSA rather than the NLSA.[76]

South Korea

edit

Article 20 of the Library Act requires that one or two copies of any tangible material published or produced in the country be sent to theNational Library of Koreawithin 30 days for permanent preservation. Copies of online materials must be submitted on demand.[77]

Spain

edit
See also:Media of Spain

In Spain, the obligation to deposit copies of printed materials has existed since 1619 for the Royal Library ofEl Escorialand since 1716 for the Royal Library of Madrid (later theNational Library of Spain).[78]: 8 From this moment, there followed multiple provisions, in the 19th century termed "legal deposit", all with the aim of enforcing compliance.

The decree of 1957 established a solid administrative base for legal deposit in Spain, based on the separation between provincial offices that managed legal deposit at the local level and conservation libraries, such as the National Library. The decree stipulated that printers were responsible for depositing several copies of all published works at the National Library and other public libraries. This legal deposit legislation covered a wide range of materials, including printed materials such as books and magazines, sound recordings, maps, movies, and postcards.[78]: 95–97 

The 1957 decree, though superseded by other decrees in 1971 and 1973, remained almost intact until 2011, when a new legal deposit law was passed on July 29, 2011. Law 23/2011 established, among other things, that the publisher, not the printer, was the primary entity responsible for submitting its materials to legal deposit. It also established procedures for the legal deposit of electronic materials, including online ones.[79]The number of copies that must be delivered to each library varies between two and four according to the type of material. Through legal deposit, the National Library collects all materials published in Spain. The central libraries for eachautonomous communitycollect works published in their respective communities, and provincial libraries collect works published in their respective provinces.

Sri Lanka

edit

First legal deposit of Sri Lanka was established in 1885 at the National Museum Library. The law of the country (according to National Archives Act No. 48 of 1973).[80]requires that a copy of every document printed in the country has to be deposited in the legal deposit. There are five legal deposits in the country. These are theNational Archives of Sri Lanka,theNational Library of Sri Lanka,theNational Museum Library,theUniversity of Peradeniya libraryand theLibrary, University of Ruhuna.[81]

Sweden

edit

The Swedish Legal Deposit Act originates in 1661. According to present legislation, copies of printed material, sound and moving images has to be sent toThe National Library of SwedenandLund University Library(no audiovisual material). In 2012 the Legal Deposit Act for Electronic Material was passed. It states that starting in 2015, publishing companies and public authorities must deliver digitally published content to the National Library. In 2013-14 electronic legal deposits will start in a smaller scale.

Switzerland

edit

There is no federal law establishing legal deposit in Switzerland,[82]however, the cantons ofVaud,[83]Fribourg,[84]Geneva,[85]andTicino[86]have enacted legal deposit laws applying to books published within their respective jurisdictions. On a national level, theSwiss National Library(SNL) has voluntary agreements in place with the two main publishers' associations in the country;Schweizer Buchhandels- und Verlags-Verband[de],and Association Suisse des Diffuseurs, Editeurs et Libraires, under which the SNL receives a copy of every book published by associated publishers.[87]

Taiwan

edit

In Taiwan, the Library Act requires that a copy of a work should be deposited with theNational Central Libraryand the Parliamentary Library of theLegislative Yuan.There are only two university library selected as Legal deposit destination —National Dong Hwa University LibraryandNational Taiwan UniversityLibrary.[88][89]

United Kingdom

edit
See also:Media of the United Kingdom

There are six legal deposit libraries under UK law: theBritish Library,theNational Library of Scotland,theNational Library of Wales,theBodleian LibraryatOxford University,Cambridge University Library,andTrinity College Dublin Library.[90]Although theIrish Free Stateleft the UK in 1922, Trinity College remains a UK deposit library, and the UK libraries reciprocally retain deposit rights for Irish publications.[51][45]

Legal deposit in the United Kingdom traces its origins to an agreement betweenSir Thomas Bodleyand theStationers' Companythat copies of new books would be added to the Bodleian collection.[91]TheStatute of Anne(1710) formalised the practice by extending it, in England, to the Royal Library (now the British Library), Cambridge University, and the library ofSion College,and, in Scotland, to theAdvocates Libraryand the universities ofSt. Andrews,Edinburgh,GlasgowandAberdeen.[92]After theUnion with Ireland,an 1801 act extended deposit to Trinity College andKing's Innsin Dublin.[93][94]From 1814, publishers supplied institutions upon request rather than automatically.[93][95]In 1836, Sion College, King's Inns, and the Scottish universities were removed from the list, compensated with a book stipend equal to the average annual value of books deposited over the preceding three years.[93][96]TheCopyright Act 1911(1 & 2 Geo. 5.c. 46) gave limited deposit rights to the National Library of Wales, with full rights coming in 1987. The Advocates Library's right was transferred to the National Library of Scotland upon its 1925 creation.

TheLegal Deposit Libraries Act 2003[97]restates section 15 of theCopyright Act 1911(1 & 2 Geo. 5.c. 46),[98]that one copy of every book (which includes pamphlets, magazines, newspapers, sheet music and maps) published there must be sent to the British Library. The other five deposit libraries are entitled to request a free copy within one year of publication, a process which they normally coordinate jointly throughAgency for the Legal Deposit Libraries.The 2003 Act sets out provisions for the deposit of non-print works. This legislation was updated with the introduction of secondary legislation, The Legal Deposit Libraries (Non-Print Works) Regulations 2013,[99]which make provision for the legal deposit of works published online or offline in formats other than print, such as websites, blogs, e-journals and CD-ROMs. Social media content is included in the legislation, but not private message sent via social media platforms. Pure video streaming websites are also excluded from the legislation.[100]

In the United Kingdom, the purpose of legal deposits is to "preserve knowledge and information for future generations and 'maintain the national published archive of the British Isles'.[101]The purpose and intent for preserving publications for national posterity applied to other countries as well, including the United States. According to Thomas Lidman, "[l]egal deposit is the foundation on which to build national library services, it helps to ensure that the country’s intellectual heritage will be preserved and available for study".[102]

United States

edit
See also:Media of the United States

In the United States, theCopyright Actrequires that any copyrighted and published work must be submitted in two copies to theUnited States Copyright Officeat theLibrary of Congress.The Library of Congress does not retain all works.[103]This mandatory deposit is not required to possess copyright of unpublished works, but acopyright registrationcan give an author enhanced remedies in case of a copyright violation.[104]This optional registration also requires depositing two copies of the work and therefore also satisfies mandatory deposit requirements. If a foreign publisher distributes works in the US, they must also comply with the mandatory requirements.[105]

In August 2023, theUnited States Court of Appeals for the District of Columbia Circuitruled that the mandatory deposit requirement is an unconstitutional violation of property rights. The separate deposit requirement to optionally register copyright, however, remains in place.[106]

Another type of depository library in the United States arefederal depository libraries,which are entitled to free copies of all materials (digital, print, microform, etc.) published by theGovernment Publishing Office.By accepting these materials, the libraries commit to providing free public access to the depository collection, and they agree to hold the materials for no fewer than five years (with some exceptions); large "regional" depositories also commit to holding these materials indefinitely. There are currently 1,114 such depository libraries in the United States, though the number of federal publications each receives varies based upon their selection profile.[107]ThisFederal Depository Library Program(FDLP) is not affiliated with the Library of Congress and should not be confused with the aforementioned copyright deposit program.

See also

edit

References

edit
  1. ^Larivière, Jules (20 October 2000)."Guidelines for Legal Deposit Legislation".International Federation of Library Associations and Institutions (IFLA)(Revised, enlarged and updated ed.). Paris.Retrieved5 May2020.A revised, enlarged and updated edition of the 1981 publication by Dr. Jean LUNN IFLA Committee on Cataloguing
  2. ^Larivière, Jules (20 October 2000)."Guidelines for Legal Deposit Legislation"(pdf).UNESCO(Revised, enlarged and updated ed.). Paris.Retrieved5 May2020.A revised, enlarged and updated edition of the 1981 publication by Dr. Jean LUNN IFLA Committee on Cataloguing
  3. ^International Publishers Association (IPa); World Intellectual Property Organization (2023)."The Global Publishing Industry in 2020".www.wipo.int.WIPO.doi:10.34667/tind.46277.Retrieved2023-11-13.
  4. ^"Copyright Act 1968".Federal Register of Legislation.24 February 2016.Retrieved3 May2020.
  5. ^"Legal Deposit > States & Territories".National Library of Australia.
  6. ^abc"Legal deposit".State Library of NSW.17 January 2020.Retrieved7 May2020.
  7. ^"Legislation Database".Legislation Database.Retrieved7 May2020.
  8. ^abBuchanan, Kelly (July 2018)."Digital Legal Deposit: Australia".Library of Congress (Law Library of Congress).Retrieved3 May2020.
  9. ^"Legal deposit".Libraries Tasmania.7 May 2020.Retrieved7 May2020.
  10. ^ab"Legal Deposit".State Library of South Australia.Retrieved7 May2020.
  11. ^"South Australian Legislation".legislation.sa.gov.au.6 May 2020.Retrieved7 May2020.PDF
  12. ^"Legal deposit".State Library Victoria.30 May 2019.Retrieved7 May2020.
  13. ^"Libraries Act 1988".Victorian legislation(in Occitan).Retrieved7 May2020.PDF
  14. ^"Legal Deposit".State Library.1 January 2014.Retrieved7 May2020.
  15. ^"Legal deposit Australia wide".National Library of Australia.Archived fromthe originalon 9 April 2019.Retrieved7 May2020.
  16. ^ab"What is legal deposit?".National Library of Australia.17 February 2016. Archived fromthe originalon 5 March 2019.Retrieved3 May2020.
  17. ^ab"Legal deposit in Australia".National and State Libraries Australia.1 June 2019.Retrieved3 May2020.
  18. ^"Digital Legal Deposit in Selected Jurisdictions"(PDF).The Law Library of Congress, Global Legal Research Center. July 2018.
  19. ^"Statute Law Revision Act (No. 1) 2016".Federal Register of Legislation.12 February 2016.Retrieved3 May2020.
  20. ^"Who's NED? The National Edeposit".Australian Publishers Association.21 August 2019. Archived fromthe originalon 4 May 2020.Retrieved4 May2020.
  21. ^Law n°10,994,as of December 14, 2004. The brazilian legal deposit act.
  22. ^Law n°12,192,with complements about brazilian music deposit.
  23. ^"Laws of Brunei Revised Edition 1984 Chapter 125: Preservation of Books"(PDF).www.agc.gov.bn.Retrieved2017-12-20.
  24. ^"DBP receives revised 'Preservation of Books Act' | The BT Archive".btarchive.org.Retrieved2017-12-20.
  25. ^"Library and Archives of Canada Act (S.C. 2004, c. 11)".laws-lois.justice.gc.ca.26 February 2015.Retrieved22 May2021.
  26. ^"Legal deposit - BAnQ".www.banq.qc.ca.Retrieved28 January2018.
  27. ^"Regulations on the Administration of Publication".The State Council. December 25, 2001. Article 23. Archived fromthe originalon 26 December 2018.Retrieved7 September2013.
  28. ^"Trí xuất bản xã: Quan vu chước tống đồ thư sách sổ đích thuyết minh".National Library of China. July 3, 2006.Retrieved7 September2013.(in Chinese)
  29. ^"Obvezni primjerak".Croatian Encyclopedia(in Croatian).Miroslav Krleža Institute of Lexicography.RetrievedSeptember 30,2019.
  30. ^"Hvad er pligtaflevering".Pligtaflevering(in Danish).RetrievedMay 3,2022.
  31. ^"Hvem skal du aflevere til".Pligtaflevering(in Danish).RetrievedMay 3,2022.
  32. ^"Materiale fra internettet".Pligtaflevering(in Danish).RetrievedMay 3,2022.
  33. ^"Søga og endamál, Um Landsbókasavnið"(in Faroese). National Library of the Faroe Islands. Archived fromthe originalon April 13, 2010.
  34. ^Kansalliskirjasto, Nationalbiblioteket, The National Library of Finland."Submitting of legal deposit copies - The National Library of Finland".nationallibrary.fi.{{cite web}}:CS1 maint: multiple names: authors list (link)
  35. ^"Gesetz über die Deutsche Bibliothek (DBiblG)".buzer.de.
  36. ^Gesetz über die Deutsche Nationalbibliothek (DNBG)of 22 June 2006 (BGBl. I S. 1338).
  37. ^"Pflichtexemplar-Bibliotheken".Stabi Hamburg(in German).Retrieved29 January2019.
  38. ^Books Registration Ordinance (Cap. 142)§ 3(1)
  39. ^Books Registration Ordinance (Cap. 142)§ 3(3), with respect to schedule 8 of the Criminal Procedure Ordinance (Cap. 221)
  40. ^Books Registration Ordinance (Cap. 142)§ 4(b)(ii)
  41. ^"Landsbókasafn-Leiðbeiningar".Retrieved28 January2018.
  42. ^Biswas, Subhas C. (December 2011). "Indian Legal Deposit Legislation and its Impact on the National Library".Alexandria: The Journal of National and International Library and Information Issues.22(2–3): 49–59.doi:10.7227/ALX.22.2.7.S2CID112408863.
  43. ^Ahas, Shahina P.; Banerjee, Swapna (2013)."The Indian National Bibliography: today and tomorrow"(PDF).RetrievedMay 3,2022.
  44. ^abc"Copyright and Related Rights Act, 2000, Section 198".Irish Statute Book.10 July 2000.Retrieved19 May2017.
  45. ^abcd"Legal Deposit".The Library of Trinity College Dublin.Trinity College Dublin. 10 June 2016.Retrieved19 May2017.
  46. ^abSimpson, William (19 July 1996)."Anglo-Irish 'double whammy'".Times Higher Education.Retrieved19 May2017.
  47. ^Select Committee on Enterprise and Small Business (4 April 2000)."Copyright and Related Rights Bill, 1999 [Seanad]: Committee Stage (Resumed)".Committee Debates.Oireachtas. Section 187, Amendment No. 121a.Retrieved19 May2017.
  48. ^Owen, Nora(22 June 2000)."Copyright and Related Rights Bill, 1999 [ Seanad ]: Report Stage (Resumed) and Final Stage".Dáil Éireann Debate.Oireachtas. Vol.521 No.6 p.22 cc.1520–1.Retrieved19 May2017.
  49. ^"Copyright Act, 1911, Section 15".Irish Statute Book.Retrieved19 May2017.
  50. ^"INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) BILL, 1926—THIRD STAGE (RESUMED)".Dáil Éireann Debate.8 December 1926. pp. Vol. 17 c.800.Retrieved19 May2017.When we get a single copy of every book published in England we are going to continue what used to be the practice, and that book shall go to Trinity College, Dublin, on the grounds that the collection is already there, and that if it were diverted from Trinity College to, say, the National Library, you would only have a collection up to a certain period in Trinity College, and beyond that period in the National Library.
  51. ^abc"Committee on Finance. — Copyright Bill, 1962—Committee Stage".Dáil Éireann Debate.14 February 1963. pp. Vol.199 No.11 p.9 cc.1475–6.Retrieved19 May2017.
  52. ^"ORDERS OF THE DAY. - INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) BILL, 1926—REPORT (Resumed— Amendment 8)".Dáil Éireann Debate.25 January 1927. pp. Vol. 18 No. 1.Retrieved19 May2017.
  53. ^"Industrial and Commercial Property (Protection) Act, 1927, Section 178".Irish Statute Book.Retrieved19 May2017.
  54. ^"Copyright Act, 1963, Section 56".Irish Statute Book.Retrieved19 May2017.
  55. ^"University of Limerick Act, 1989, Section 7".Irish Statute Book.Retrieved19 May2017.
  56. ^"Dublin City University Act, 1989, Section 6".Irish Statute Book.Retrieved19 May2017.
  57. ^"Consultation on the Legal Deposit of published digital material in the 21st century in the context of Copyright legislation"(PDF).Dublin:Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs.24 April 2017.Retrieved19 May2017.
  58. ^"Legal Deposit".National Library of Israel.
  59. ^"National Diet Library Law".National Diet Library.Retrieved2015-10-19.
  60. ^"Chapter 111: The Books and Newspapers Act"(PDF).Parliament. 2002. Archived fromthe original(PDF)on June 6, 2014.RetrievedMay 3,2022.
  61. ^Ronald Makori."National Library".knls.ac.ke.Archived fromthe originalon 2014-06-07.Retrieved2014-06-03.
  62. ^retrieved fromhttp://www.landesbibliothek.liArchived2019-10-16 at theWayback Machine
  63. ^"Decreto-Lei n.º 72/89/M"[Decree-Law No. 72/89/M] (in Portuguese).Retrieved2021-06-22– via Imprensa Oficial.
  64. ^"Depósito Legal - Perguntas e Respostas"[Legal Deposit - Questions and Answers].Biblioteca Pública de Macau(in Portuguese).Retrieved2021-06-22.
  65. ^"Akta Penyerahan Bahan Perpustakaan 1986 (Akta 331)".RetrievedMay 3,2022.
  66. ^"Ordonnance Souveraine n° 816 du 21 novembre 2006 portant application de la loi n° 1.313 du 29 juin 2006 sur le dépôt légal".Archived fromthe originalon 26 January 2011.Retrieved28 January2018.
  67. ^"National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003, Part 4: Provision of copies of public documents to National Library".natlib.govt.nz.Retrieved21 December2022.
  68. ^"National Library Requirement (Books and Periodicals) Notice 2004".legislation.govt.nz.Retrieved21 December2022.
  69. ^"National Library Requirement (Electronic Documents) Notice 2006".legislation.govt.nz.Retrieved21 December2022.
  70. ^"National Library Requirement (Phonographic Documents) Notice 2017".legislation.govt.nz.Retrieved21 December2022.
  71. ^"What's Legal Deposit?".natlib.govt.nz.Retrieved21 December2022.
  72. ^"Mandatory Deposit Laws in Selected Jurisdictions (2017 Update)"(PDF).The Law Library of Congress.Retrieved29 January2019.
  73. ^"Перечень библиотечно-информационных организаций, получающих из Российской государственной библиотеки обязательный федеральный экземпляр печатных изданий, фонограмм и видеофильмов".
  74. ^"Statutory Functions of National Library".NLB.Retrieved29 January2019.
  75. ^Savnik, Mojca; Balažic, Dare; Cerkvenik, Žiga."History & Collections - National and University Library of Slovenia".The European Library.Koninklijke Bibliotheek. Archived fromthe originalon 2012-05-25.Retrieved2013-07-11.
  76. ^"Legal Deposit Information"(PDF).National Library of South Africa.Retrieved21 July2010.
  77. ^"Legal Deposit and Acquisition".National Library of Korea.Retrieved1 July2016.
  78. ^abGuastavino Gallent, Guillermo (1962).El depósito legal de obras impresas en España; su historia, su reorganización y resultados, 1958-1961(in Spanish). Madrid: Dirección General de Archivos y Bibliotecas.OCLC6467776.
  79. ^Government of Spain (2011)."Ley 23/2011, de 29 de julio, de depósito legal"(PDF)(in Spanish). Madrid (published 30 July 2011). pp. 86716–86727.RetrievedMay 3,2022.
  80. ^"National Archives Law (No. 48 of 1973)".Sri Lanka Consolidated Acts.30 April 2005.Retrieved25 October2016.
  81. ^"Legal deposit".University of Ruhuna.30 April 2005.Retrieved25 October2016.
  82. ^Surchat, Pierre."Biblioteca nazionale svizzera (BN)".Dizionario storico della Svizzera(in Italian). Archived fromthe originalon 2018-02-16.Retrieved27 January2019.
  83. ^"Dépôt légal".BCU Lausanne(in French). Archived fromthe originalon 2017-07-03.Retrieved28 January2019.
  84. ^"Dépôt légal fribourgeois".Etat de Fribourg(in French). Archived fromthe originalon 2018-04-08.Retrieved28 January2019.
  85. ^"DÉPÔT LÉGAL LE PATRIMOINE IMPRIMÉ DES GENEVOIS"(PDF).Ville de Geneve(in French). Archived fromthe original(PDF)on 2016-07-29.Retrieved28 January2019.
  86. ^"Archivio di Stato del Cantone Ticino".Osservatorio culturale del Cantone Ticino(in Italian). Archived fromthe originalon 2019-01-28.Retrieved28 January2019.
  87. ^"Legal deposit".IFLA.Archived fromthe originalon 12 November 2016.Retrieved29 January2019.
  88. ^"Túshū guǎn fǎ"Đồ thư quán pháp - toàn quốc pháp quy tư liêu khố[Library Act] (in Chinese).Retrieved2021-06-22– via Quanguo fagui ziliao ku.
  89. ^"Legal Depository".National Central Library.Retrieved2021-06-22.
  90. ^"Introduction to legal deposit".British Library.Retrieved17 March2014.
  91. ^Muir, Adrienne (January 2005).Loughborough University Institutional Repository.lboro.ac.uk(thesis).hdl:2134/8469.
  92. ^"History of Copyright: Statute of Anne, 1710".copyrighthistory.com.
  93. ^abcCosgrave, Liam(1967)."The King's Inns"(PDF).Dublin Historical Record.21(2): 51.ISSN0012-6861.JSTOR30104368.
  94. ^"The Statutes at Large from the Magna Charta, to the End of the Eleventh Parliament of Great..."Printed by J. Bentham. July 2, 1801 – via Internet Archive.
  95. ^Rickards, George K."The Statutes of the United Kingdom of Great Britain and Ireland. v. 54 (1814)".HathiTrust.Laws, etc. pp. 63 v.
  96. ^Rickards, George K."The Statutes of the United Kingdom of Great Britain and Ireland. v. 76= 6/7 Will IV".HathiTrust.Laws, etc. pp. 63 v.
  97. ^The Legal Deposit Libraries Act 2003Archived2010-02-03 at theWayback Machine,applies to the United Kingdom.
  98. ^"Copyright Act 1911".legislation.gov.uk.
  99. ^The Legal Deposit Libraries (Non-Print Works) Regulations 2013,SI 2013/77
  100. ^"Non-print legal deposit: FAQs".British Library.Retrieved17 March2014.
  101. ^"Digital legal deposit: United Kingdom".Library of Congress.2018.RetrievedOctober 13,2019.
  102. ^Lidman, Thomas (2012). "Libraries and archives: A comparative study".Chandos Information Professional Series:53–68 – via JSTOR.
  103. ^"Library of Congress Mandatory Deposit Rules"(PDF).Retrieved28 January2018.
  104. ^"U.S. Copyright Office - Online Services (eCO: Electronic Copyright Office)".Retrieved28 January2018.
  105. ^"Mandatory deposit".US Copyright Office.n.d.RetrievedOctober 13,2019.
  106. ^"US appeals court curbs Copyright Office's mandatory deposit policy".Reuters.Retrieved13 September2023.
  107. ^"FDLP Library Directory".catalog.gpo.gov.

Further reading

edit
Retrieved from "https://en.wikipedia.org/w/index.php?title=Legal_deposit&oldid=1228893952"