Legal deposit
Legal Deposit
Legal deposit (also termed
‘dépôt
légal’ or ‘mandatory deposit’)
is a statutory
provision which obliges publishers to deposit copies of their
publications in libraries in the country in which they are published.
The principle of legal deposit is established in international
convention and in the national legislation of many countries, and aims
to ensure that access to a nation's published cultural material in
libraries and archives is preserved.
Increasingly, material is being published in digital form:
this
material needs to be collected and preserved to ensure a complete
record of a nation's published cultural material. The existence of
networks, and the ease with which digital information may be
distributed and copied, potentially enables multiple accesses to a
single deposited piece of digital information. If legal deposit is
applied to digital information, the protection of publishers' rights
and investments needs to be considered. Information which is available
online poses a further challenge as there is no physical item to
'deposit'.
Legal deposit legislation in many countries predates the
current
information age and requires a new legal framework in order to
encompass digital publications. The complications associated with the
collection and control of electronic materials, together with the lack
of a comprehensive legal model, have made drafting appropriate
legislation problematic and slow. Major issues to be considered include
copyright, preservation requirements, public access, scope of coverage,
method of collection, protection of publishers' rights, penalties, and
implementation of revised legislation.
Legal
Deposit in the
digital environment
It could be argued that legal deposit has little relevance in
a
digital environment, where concepts such as place of publication, and
indeed the definition of what constitutes a publication, are
much
more fluid than in the print environment. The Netherlands and
Switzerland have never had legal deposit for print publications and are
continuing voluntary deposit arrangements for digital
publications. The KB has also successfully negotiated
agreements
with major STM publishers, who all have a global presence. Though very
different in approach, Japan's Legal Deposit System Council also argued
that networked publications were different and should not be treated
the same as physical format publications. They recommended against
incorporating networked publications in LD legislation as being
'inappropriate in light of the fundamental principles of the legal
deposit system'.
Against these arguments, is the principle that both offline
and
online digital publications constitute a legitimate component of a
nation's documentary heritage and is therefore a logical extension of a
national library's mandate. In this way, legal deposit can be
viewed as a convenient mechanism for enabling at least a fully
representative sample of this new genre of publication to be collected
and safeguarded.
Where legislation is not already enacted, voluntary deposit
schemes have been developed in many countries. A model code
endorsed by the Conference of European National Libraries and the
Federation of European Publishers has been prepared to provide a model
for the drafting of local voluntary deposit arrangements (CENL/FEP
2005). Automatic harvesting of country domain or targeted
harvesting of specific themes or events of relevance to the country is
also often used as a practical tool to gather the increasing quantities
of online material being generated (see also web
archiving).
Whether collecting through legal or voluntary deposit, or
automatic
harvesting, libraries have found it necessary to work closely with
producers and owners of online material who constitute a much more
diverse population than print publishers. This is a new and
very
different environment for both libraries and content producers so it is
inevitable that there will be a period of adjustment for both sides.
While focussed on e-journals, a recent CLIR publication, E-Journal
Archiving
Metes and Bounds: a survey of the landscape,
makes a good case for legal deposit, placing it within a wider context
than it is sometimes regarded:
Although legal deposit may not be the silver-bullet
solution to archiving e-journals, it is clearly an important component
of the preservation matrix. If nothing else, a legal
requirement
that would force publishers to deposit e-journals in several national
deposit systems (because of the international nature of publishing)
would create pressure for standard submission formats and manifests for
e-journal content. In addition, once material is preserved,
it
may be possible to revisit the trigger events that allow access to the
content and even to permit remote access in narrow circumstances.
(Kenney et al 2006. p.22-23)
Legal deposit legislation for digital publications was given
further endorsement in a UNESCO
resolution on the preservation of the digital heritage,
which included a clause encouraging Member States of UNESCO to
eventually adapt national legislations and regulations for national
deposit so as to ensure the preservation of and the permanent access to
digitally produced materials. (UNESCO 2001).
So legal deposit is generally accepted as still useful albeit
with
different parameters (the goal is usually not to be comprehensive,
especially for online materials) and viewed as one component of a
preservation matrix, rather than the sole mechanism for preserving
digital materials.
Countries that have legislation in place that currently
applies to
offline but not online publications include the following:
- Austria [in the process of drafting legislation to cover
online publications]
- Japan [collecting online publications through voluntary
deposit]
- Singapore [collecting online publications through voluntary
deposit]
Countries that have enacted legislation that covers both
offline and online digital publications, or that have a legislation
process in train to accomplish this include the following:
- Canada
- Denmark
- Finland*
- France
- Germany
- Iceland
- New Zealand
- Norway
- South Africa
- Sweden**
- United Kingdom
(* Came into force 1 January 2008)
(** Have received a Government decree which permits them to harvest the
Swedish portion of the Internet.)
Other information that follows which will also assist national
libraries considering action to amend their legislation includes:
- Guidelines on
preparing proposals
- Survey reports on
the Legal Deposit status and intentions of countries
- Discussion papers
on issues associated with extending legal deposit to digital
publications
- Case studies and
experiences of specific countries in implementing revised legislation.
Some specific information about legal deposit of digital
publications which relates to individual countries has been collected
on this site:
Australia
| Austria
| Canada |
China
| Denmark
| Finland
| France |
Germany
| Iceland
| Japan
| The
Netherlands | New
Zealand | Norway
| Portugal | Singapore
| South
Africa | Sweden
| Switzerland | United
Kingdom | U.S.A.
|
General
References
CENL/FEP (Conference of European National
Librarians/Federation of European Publishers). 2005. Statement on the
Development and Establishment of Voluntary Deposit Schemes for
Electronic Publications. Approved by the Annual Conference of European
National Librarians, Luxembourg, September 28-30, 2005. http://www.nlib.ee/cenl/docs/05-11CENLFEP_Draft_Statement050822_02.pdf
Kenney, A et al (2006). E-Journal Archiving Metes and
Bounds: a survey of the landscape. CLIR pub 138. http://www.clir.org/PUBS/abstract/pub138abst.html
UNESCO General Conference. (2001). Draft resolution
on the preservation of digital heritage. http://unesdoc.unesco.org/images/0012/001239/123975e.pdf
Verheul, I. (2006). Networking for Digital
Preservation: current practice in 15 national libraries.IFLA
Publications 119. http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
Under the Copyright
Act, 1968, s. 201 (and various State Acts), one copy each of
library materials published in Australia must be deposited with the
National Library of Australia and the appropriate State library. For
the purposes of Section 201, library material is defined as 'a book,
periodical, newspaper, pamphlet, sheet of letter-press, sheet of music,
map, plan, chart or table, being a literary, dramatic, musical or
artistic work'. The Copyright
Amendment (Digital Agenda) Act 2000, which came into effect
on 4 March 2001, made no changes to these legal deposit provisions.
Current Commonwealth statutes do not cover electronic
publications, therefore, although some States have legislation which
includes some components of this category. No state has legislation
which covers networked
information, although relevant Acts in Queensland, South
Australia, Tasmania and Victoria define library materials more
inclusively. In Tasmania, electronic publications and web pages are
included in the broad definition of 'records' that are required for
deposit under Section 22 of the Libraries Act 1984. These are stored
and made accessible through the State Library of Tasmania's Our Digital Island
website.
Prior to these initiatives, in 1995, the National Library and
the National Film and Sound Archive made a joint
submission to the Copyright Law Review Committee seeking:
- endorsement of the principle of legal deposit
- recognition of the principle of selection by the depository
institution
- the extension of the scope of publications covered by
legislation to include all electronic formats
- the extension of the definition of the term "publication".
In February 1999, the Copyright Law Review Committee released
its report, Simplification
of the Copyright ACT 1968. Part 2. Categorisation of subject matter and
exclusive rights, and other issues. Legal deposit is dealt
with as Issue 13. The following were among the numerous recommendations
relating to legal deposit:
- the definition of 'library material' be broadened to
include audiovisual materials, and materials in electronic form
- deposit of all materials remain compulsory
- the National Library and the National Film and Sound
Archive should not need to seek the authorisation of the copyright
owner with respect to the storage of deposited material
- under the revised scheme deposited materials be made
available on the basis of restricted access; hard copy and electronic
material should only be available for inspection at the repository
institution
These recommendations, however, as they apply to legal
deposit, were not incorporated into the Copyright
Amendment (Digital Agenda) Act 2000.
A review into the feasibility of extending the current legal deposit scheme to include audiovisual and electronic material is currently being undertaken. A discussion paper was released in October 2007 with submissions closing 2 May 2008.
The Austrian
Media Act (Bundesgesetzblatt, 314, 1981) defines
media as 'any means for publication of information or representations
of thoughts by means of word, writing, sound or image, to a major
audience by means of mass production or mass publication. (§1
(1))
Offline publications are currently deposited with the Austrian
National
Library and the Federal Chancellery of Austria has formed a working
group to draft a legal deposit law for online publications.
In the meantime, plans for a web harvesting project are proceeding and
a feasibility study (which will include legal aspects of web archiving)
has been commissioned. The Austrian National Library is
planning a combination of domain harvesting (.at) and harvesting of
selected websites that relate to the collection policy.
References
Austrian Media Act
http://www.ris.bka.gv.at/erv/erv_1981_314.pdf
In 1994-95, Canada conducted an Electronic
Publications Pilot Project (EPPP)
to examine the issue of the deposit of online electronic publications.
After completion of this project Library and Archives Canada continued
to collect electronic publications on a voluntary deposit basis until
the Library and Archives of Canada Act of 2004 extended legal
deposit to online publications. The Act defines
'documentary heritage' as publications and records of interest to
Canada. 'Publication' means any library matter that is made available
in multiple copies or at multiple locations, whether without charge or
otherwise, to the public generally or to qualifying members of the
public by subscription or otherwise. Publications may be made
available through any medium and may be in any form, including printed
material, online items or recordings. (Library and Archives of Canada Act
2004, c.11, s.2)
Online publications are defined as 'usually having a distinct
title,
a specific author, a specific date, and are intended for public
consumption.' (LAC Guidelines for Legal Deposit of Online
Publications 2004). The reworked Legal Deposit of
Publications
Regulations introduced in January 2007 expand on the legal deposit
provisions of the Act. These regulations more broadly define
publishers as 'a person who makes a publication available in Canada
that the person is authorised to reproduce or over which the person
controls the content. It does not include a person who only
distributes a publication.' (Legal Deposit of Publications
Regulations, s.1). For online publications especially, the
regulations
requires publishers to ready the online publication for deposit
by decrypting encrypted data, removing or disabling systems
designed to restrict or limit access to the publication, and where
available to also deposit available metadata at the same time. (Geist
2007).
References
Geist, Michael. 2007. 'Centuries old Program enters
the 21st Century'.
http://www.michaelgeist.ca/content/view/1612/159/
LAC Guidelines for Legal Deposit of Online Publications, 2004
http://www.collectionscanada.ca/electroniccollection/003008-1000-e.html
Legal Deposit of Publications Regulations
(SOR/2006-337).
http://laws.justice.gc.ca/en/showtdm/cr/SOR-2006-337
Library and Archives of Canada Act (2004, c.11).
http://laws.justice.gc.ca/en/showdoc/cs/L-7.7///en?page=1
Library and Archives Canada. 2005. Collection
Development Framework.
http://www.collectionscanada.ca/collection/024/003024-200-e.html
Library and Archives Canada. 2006. Digital Collection
Development Policy.
http://www.collectionscanada.ca/collection/003-200-e.html
There is no legal deposit law in China but in 1996, the
National Copyright Administration of China issued a notice on deposit
of electronic publications (Verheul, 2006). The NLC is participating in
a
national project, the China Info Mall project, which focuses on
preserving internet resources. The project was launched in 2001 and, as
of 2006 held c. 1 billion pages (15TB). All archived data are freely
accessible to the public.
References
Gu, Ben (2006). ‘National Bibliographies:
the Chinese experience’. 72nd IFLA General Council and
Conference, Seoul.
http://www.ifla.org/IV/ifla72/papers/109-Gu-en.pdf
NLC website.
http://www.nlc.gov.cn/old/old/english.htm
Verheul, I. (2006). Networking for Digital
Preservation: Current Practice in 15 National Libraries.
IFLA Publications 119.p.99-108 http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
Legal deposit of Danish digital materials is governed by the
2004 Act
on Legal Deposit of Published Material. The Act encompasses printed
works, offline digital publications, and materials published
online (permitting harvesting of the Danish part of the
internet) as well as Radio, TV and Movies. This updates the
previous Act of 1997, which provided a broad definition of published
works, including both offline and online publications. The
Act defines online publications to be Danish when 'it is published from
Internet domains etc. which are specifically assigned to Denmark, or it
is published from other Internet domains etc. and is directed at a
public in Denmark.' §8 of the Act relates to online
materials 'Danish material published in electronic communication
networks is subject to legal deposit. The legal deposit
obligation is fulfilled by the legal deposit institution having access
to request or produce copies of the material'. Other relevant
legislation is the Act on Processing of Personal Data (Act No 429 of 31
May 2000), which governs access. Access to the net archive is
limited to post-doc researchers and only for scholarly and statistical
purposes. The netarchiv.dk website states that; 'The archive
is not publicly accessible and initially can only be used for research
purposes and with prior permission from the Danish Data Protection
Agency'.
References
Act on Legal Deposit of Published Material. No.1439
of 22 December 2004
http://www.bs.dk/content.aspx?itemguid=%7B332484E6-A5B1-4CEE-B953-059843182050%7D
Denmark. Act of Legal Deposit of Published
Materials.
Act No1439 of 22 December 2004.
http://www.bs.dk/content.aspx?itemguid=%7B332484E6-A5B1-4CEE-B953-059843182050%7D
Denmark. Act on Processing of Personal Data. Act
No.
429 of 31 May 2000
http://www.datatilsynet.dk/english/the-act-on-processing-of-personal-data/
Dupont, Henrik (1999). ‘Legal Deposit in
Denmark: the new law and electronic products’. LIBER
Quarterly,Vol 9, No2. p.244-251
http://liber-maps.kb.nl/articles/dupont11.htm
Netarchiv.dk.
http://netarkivet.dk/index-en.php
Verheul, I. (2006). Networking for Digital
Preservation: Current Practice in 15 National Libraries.
IFLA
Publications 119.p.109-118 http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
The new Act on Collecting and Preserving Cultural materials 1433/2007 came into force on 1 January 2008 replacing the earlier Legal Deposit Act 420/980 and Decree (774/1980), as well as the Act on the Archiving of Films (576/1984). The former (1980) legal deposit law did not include online
publications, the definition of 'audiovisual' material could
technically include offline publications, but they were not specifically
included. The recent Copyright Act of 2005, which came into effect in
January 2006 does permit archives, libraries and museums to produce
copies of works for internal use using whatever technique necessary. A
Committee was formed to undertake work on drafting a new Legal Deposit
Act and a draft was proposed in 2003.
The new Act was delayed because of the contentious new
Copyright Act which sought to implement the European Directive on
Copyright. The draft Act
defined online material as 'material made available to the public in an
open network environment'. A publisher was defined as 'one on whose
initiative and responsibility online materials are made available to
the public.'
References
2005 amendment to the Finnish Copyright Act and Penal
Code. Wikipedia
http://en.wikipedia.org/wiki/2005_amendment_to_the_Finnish_Copyright_Act_and_Penal_
Code
Finland. Collecting and Preserving Cultual Materials Act 1433/2007
http://www.finlex.fi/fi/laki/ajantasa/2007/20071433_
Legal deposits to the National Library of Finland
http://www.nationallibrary.fi/publishers/deposit.html
France is usually credited with being the first country to
introduce a system of mandatory deposit. Originally promulgated for
printed books in 1537, legal deposit has been progressively extended to
all types of materials of expression and creation, including new
technologies as they appeared in France. After books, engravings, music
scores, photographs, posters, audiovisual and multimedia documents,
time has come to archive Web sites as well. (Legal Deposit: Five
questions about Web Archiving at BnF). The French Parliament passed the
Droit d'auteur et droits
voisins dans la société de l'information
(DADVSI) law in August 2006. This law extends legal deposit to the web
for France. The Bibliothèque nationale de France (BnF) and
Institut
national de l'Audiovisuel (INA) share this new responsibility, with the
latter assuming responsibility for web material produced by
broadcasting institutions such as radio and television. Clause 41 II of
the Act states that 'Mandated institutions may collect material from
the Internet by using automatic techniques or by setting specific
agreements and deposit procedures with the producers'. The law also
includes a clause which stipulates that no obstacle such as login,
password or other forms of access restriction should be opposed to the
Library by the producer (Web Archiving at BnF ). In terms of the web, a
mixed model of bulk harvesting, selective and thematic crawls, and some
individual e-deposits has developed. BnF is also the coordinating
partner for the International
Internet Preservation Consortium (IIPC).
References
DADVSI Law (Droit
d’auteur et droits voisins dans la societe de
l’information), 2006.
http://www.legifrance.gouv.fr/WAspad/UnTexteDeJorf?numjo=MCCX0300082L
Legal deposit: five questions about Web Archiving at
BnF
http://www.bnf.fr/pages/zNavigat/frame/version_anglaise.htm?ancre=english.htm
Verheul, I. (2006). Networking for Digital
Preservation: Current Practice in 15 National Libraries.
IFLA Publications 119.p.119-126 http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
Gesetz uber Die Deutsche Nationalbibliothek vom. 22. Juni 2006
(German National Library Law 2006) extended legal deposit to offline
and online publications. The Act defines media works as 'all
representations in text, image and sound that are distributed in
material form or made accessible to the public in immaterial form.'
§17 of the Act is a clause of Duty to provide information,
'When media works are deposited, depositors shall, on request, supply
the Library with the information necessary for the performance of the
Library's functions free of charge'. Prior to the 2006 Act, the German
National Library had been collecting networked digital publications,
including university dissertations and theses, on a voluntary basis. As
indicated in their explanatory memorandum, they will be using automated
methods to capture much of the German part of the web. In preparation
for anticipated legal deposit of networked digital publications and
also to accommodate digital materials collected through voluntary
deposit arrangements, the German National Library has been involved in
building a repository capable of securely storing large quantities of
heterogeneous digital materials. The KOPAL began in 2004 and is
expected to be completed in 2007. In addition, the German National
Library is leading Nestor (Network of Expertise in Long-Term Storage of
Digital Resources). Nestor began in 2003 with the aim of developing a
cooperative approach to collecting and preserving German digital
resources. The long-term goal is a permanent distributed infrastructure
for long-term preservation and long-term accessibility of digital
resources in Germany.
References
Draft Law regarding the Deutsche Nationalbibliothek
(non-official translation n.d).
http://www.d-nb.de/eng/wir/pdf/dnbg.pdf
Explanatory Memorandum to the Draft Act, n.d
http://www.d-nb.de/eng/wir/pdf/dnbg_begruendung_e.pdf
The German National Library in Brief
http://www.d-nb.de/eng/wir/ueber_dnb/dnb_im_ueberblick.htm
The Iceland Legal Deposit Law has
included electronic media since 1977, when the 1949 law was revised to
include sound recordings, first on tapes and later on CD and video. The
most recent revision of 2002 applies to documents published or shown in
Iceland, including offline digital publications on portable media such
as CD and diskettes, and also online publications. On December 5 2003,
the Directive intended to clarify and explain the law was published.
Paragraph 7 refers to digital works published on electronic media
states that ‘Three copies of a work that is published on
electronic media like a CD, diskette or equivalent shall be delivered
and the publisher is responsible for the legal deposit. Paragraph 8
refers to online publications, ‘The publisher of a work
available via a computer network (“Internet”) shall
provide the legal deposit library with a password or other information
that is necessary for the library to access the work. The legal deposit
obligation is considered fulfilled if it is possible for the receiving
library to obtain a copy of the work. The Act excludes computer
programs unless they are published as part of another work to which
legal deposit applies. The National Library of Iceland collects and
preserves everything printed in Iceland (books, newspapers, journals,
pamphlets, advertisements, etc), sound recordings in all forms, video
and everything published on the Icelandic web domain .is.
References
Hallgrimsson, Thorstein
(nd). The new Legal Deposit Law in Iceland. Unpub.
National Library of
Iceland. About the Library
http://www.bok.hi.is/id/1011635
Legal deposit in Japan is covered by the National Diet Library
Law,
1948 (as amended 1949). Under this statute copies of Japanese books,
pamphlets, serials, musical scores, maps and phonographic records are
required to be deposited in the National Diet Library, in return for
which publishers are compensated the cost of printing and postage.
In 1997 an expert body was convened to investigate the
establishment
and administration of a legal deposit system for digital publications.
The Legal Deposit System Research Council's final report was issued in
1999, recommending that physical
format digital publications be incorporated into legal
deposit law, but that networked
digital material
be acquired selectively and by individual contract. In response to
these recommendations, the National Diet Law was amended in 2000 to
cover offline publications. Following a request in 2002 by
the
Chief Librarian for guidance on whether networked publications issued
within Japan should be incorporated into the legal deposit system, the
Legal Deposit System Council recommended against incorporating
networked publications in legal deposit legislation as being
'inappropriate in light of the fundamental principles of the legal
deposit system', which was considered to be appropriate only to
physical publications. There was also expressed concern at
legal
and copyright implications and the potential 'chilling effect on free
speech' if web publications were collected by law. (Legal Deposit
System Council 2004). Although not included in legal deposit
legislation, the Legal Deposit System Council agreed with NDL that
networked publications are increasingly important and recommended the
selective collection of networked resources under contracts.
The
WARP(Web ARchiving Project) has has selectively collected Internet
resources based on a thematic and events based approach, seeking
permission from copyright holders before collecting the
resources. The NDL also undertook a survey on the storage and
archiving of Japanese websites with the objective of determining the
feasibility of collecting, storing, and archiving Japanese
websites. The total volume of Japanese websites was estimated
at
18.4TB with 450 million files, as of March 2005.
References
Legal Deposit System Council (2004). Concept of the
Acquisition System for the Networked Electronic Publications.
http://www.ndl.go.jp/en/aboutus/report_legaldeposit.pdf
National Diet Library (2007). ‘National
Diet Library’s Projects of Collecting, Preserving and
Providing Internet Resources.’ CDNLAO Newsletter No 58, March.
http://www.ndl.go.jp/en/publication/cdnlao/058/582.html
National Diet Library (2005). ‘Survey
on Comprehensive Collection, Storage, and Archiving of Japanese Web
Sites’.
http://www.ndl.go.jp/en/aboutus/bulkresearch2005summary_e.html
National Diet Library Law.
http://www.ndl.go.jp/en/aboutus/laws.html
The Netherlands is one of the few countries in the world that
does
not have legal deposit legislation; instead, deposit is voluntary and
based on bilateral agreements with publishers. Following an extended
period of negotiation, most Dutch printed material is now deposited
with the Koninklijke Bibliotheek (National Library of the Netherlands).
In 1993, the Depot
van Nederlandse Elecktronische Publicaties (DNEP)
project to build a system for the deposit of the country's digital
publications was established. Negotiations with the Dutch Publishers
Association (NUV) to create a voluntary deposit scheme for electronic
publications began in 1994, and storage of offline materials such as
CD-ROMs and magnetic and optical disks followed in 1996.
In 1999, a general
arrangement for the voluntary deposit of electronic publications
was concluded between the Koninklijke Bibliotheek and the NUV, for both
online and offline materials. In the same year, agreements
were
signed with Elsevier Science and Kluwer Academic, two international
publishers of Dutch origin. Since this time, the KB has
extended
these agreements to include all journals produced by the and have since
negotiated agreements with other major STM publishers. As of
June
2007, the KB has archiving agreements with ten publishers which are:
Elsevier; Kluwer Academic; BioMed Central; Blackwell Publishing; Oxford
University press; Taylor & Francis; Sage Publications;
Springer;
Brill Academic Publishers; IOS Press (Archiving agreements with
publishers). Digital publications are stored in the e-Depot,
a
repository developed in collaboration with IBM and designed to safely
store large quantities of digital material which will be preserved for
the long-term (e-Depot and digital preservation).
The KB makes it clear in their Strategic Plan 2006-2009
that they regard the geographic boundaries inherent in traditional
deposit as increasingly irrelevant in the digital
environment.
The model they envisage involves a limited number of 'safe places'
capable of achieving certification once an international standard is
developed, who will together provide a more structured approach to
preserving the world's digital scientific publications (KB Strategic
Plan 2006-2009). A project on selective archiving of Dutch
websites began in 2005.
References
Archiving agreements with publishers
http://www.kb.nl/dnp/e-depot/dm/uitgevers-en.html
e-Depot and digital preservation
http://www.kb.nl/dnp/e-depot/e-depot-en.html
KB Strategic plan Koninklijke Bibliotheek 2006-2009
http://www.kb.nl/bst/beleid/bp/2006/2006-en.html
Verheul, I. (2006). Networking for Digital
Preservation: Current Practice in 15 National Libraries.
IFLA Publications 119.p.145-154) http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
In New Zealand legal deposit is covered in Part 4 of the National Library of New Zealand
Te Puna Matauranga o Aotearoa Act 2003 which came into
force on 5 May 2003. It replaces the National Library Act 1965.
The 2003 legislation applies to public documents (defined in
the
Act) issued in print, or electronic (physical format or online) form.
It provides for the deposit of physical format documents and for the
copying of Internet documents.
The Act also permits Library staff to "possess, copy, store in
electronic form (whether off-line or on-line), and use" a document
given to or made by the Library. In addition, Section 34 (3) of the Act
specifies that the Library may make up to three copies of a deposited
document available for use by members of the public, on or off the
Library's own premises. However, a document must not be made available
on the Internet except if it has been made publicly available there by
the publisher without restriction. In this case, the Library may make
the document available on the Internet for access and use by the public.
The law relating to copyright applies to every deposited
document
except in the case of copying and making available Internet documents
which are treated as exceptions to copyright law.
The 2003 Act included a requirement to consult widely with
publishers or representatives of publishers before the extension of
legal deposit to electronic publications could be officially gazetted
(NLNZ Act 2003, s36 (1)). (Consultation is not required on
the
deposit of books to which section 30A of the previous Act would have
applied if it had not been repealed.) The extension of legal deposit to
electronic publications came into force in August 2006 and was not
retrospective, though a voluntary deposit scheme had been introduced a
year before. A Legal Deposit Code of Practice and fact sheet
(NLNZ Legal Deposit Code of Practice) was also developed to assist in
clarifying any potential confusion.
Currently the Library is developing its processes for the
selection,
acquisition, harvesting, description, storage and provision of access
to physical format and online electronic documents. A selection
database has been developed and test harvesting of websites has been
undertaken. There is still substantial work required to develop the
tools for processing websites to meet the criteria laid out by curators
for determining and endorsing the final status of the object which is
to be archived and preserved.
This work is being done in the light of similar projects underway
internationally including the National Library of Australia's PANDORA project
(for selective web harvesting), the Royal Library of Sweden's Kulturarw3
project (for whole-of-domain harvesting), the Nordic Web Archive (for
whole-of-domain harvesting) and the Library of Congress's Minerva project
(for selective web harvesting).
References
National Library of New Zealand. Legal Deposit Code
of Practice
http://www.natlib.govt.nz/catalogues/library-documents/legal-deposit-code-of-practice
National Library of New Zealand Act 2003
http://www.natlib.govt.nz/catalogues/library-documents/nlnz-act-03
National Library Requirements (Electronic Documents)
Notice 2006.
http://www.natlib.govt.nz/catalogues/library-documents/national-library-requirement-electronic-documents-notice-2006
Searle, Lois (2007). ‘E-Legal Deposit in
New Zealand: the Extension of Legal Deposit to Electronic Publications
in New Zealand. Unpub
Verheul, I. (2006). Networking for Digital
Preservation: Current Practice in 15 National Libraries.
IFLA Publications 119.p.155-166 http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
The Norwegian Legal Deposit Act (Pliktavleveringsloven)
of 9 June 1989 came into effect on 1 July 1990. and is one of
the
first legal deposit acts to include digital publications, both offline
and online. The statute applies to printed materials, sound
recordings, films, videos, and certain digital publications.
Physical format electronic documents and internet documents, both
static and dynamic, are encompassed by the provisions. The
legislation, which covers any works which can be read, heard, broadcast
or transmitted, is written in such a way that it will also be
applicable to future electronic formats. Offline digital
documents of which at least 50 copies have been made or imported, are
subject to deposit. Online digital documents 'which are
available
by means of on-line transmission on a telecommunications, television,
data communications network or the like are subject to deposit at the
request of the depository in each individual case'. Section 1
of
the Act restricts access to source material for purposes of research
and documentation. These terms are not defined in the Act
itself. Chapter 9 of the Act's regulations relates to
Electronic
Documents and specifies that two copies be deposited. As a
more
recent article notes, this was clearly written before the advent of the
web and is not feasible (van Nuys 2003). From 2005,
harvesting of
the whole Norwegian domain has been carried out once a year to ensure
the preservation of snapshots of how the Norwegian Internet domain
looked at a specific time. A more selective harvesting
approach
is also being used, with harvesting of all Norwegian Internet
newspapers on a daily basis from 2006 and frequent harvesting of all
Norwegian net periodicals, also from 2006. Events based
harvesting, for example elections, royal weddings, has also taken place.
The Personal Data Act of 2000 further restricts access because
of
the potential for personal information to be contained in online
documents. This means that the NLN needs a licence from the
Norwegian Data Inspectorate before the web archive can be made
available to research and documentation onsite. In a recent
article, Rustad (2006) indicates that 'The matter of future access to
the web archive is now under consideration by the National Library.'
References
Norway. Legal Deposit Act. 1989.
http://www.nb.no/fag/for_utgjevarar_og_trykkeri/pliktavlevering/legal_deposit
Rustad, K(2006). ‘Our digital heritage as
source material to end users: collection of and access to net
publications in the National Library of Norway’. Collection
Building, Vol. 25 No 3.p.89-94
Van Nuys, C (2003). ‘The Paradigma Project.
‘ RLG DigiNews Volume 7 (2)
http://www.rlg.org/preserv/diginews/v7_n2_feature2.html
The current (1986) legal deposit law in Portugal does not
cover the
deposit of digital publications but the Biblioteca Nacional (BN) is
involved in developing models for the voluntary deposit of offline
digital publications. Offline digital publications have been
voluntarily deposited and are incorporated into the National Library's
holdings. A new legal deposit law is under preparation and is
expected to be enacted in 2008. It will cover offline
publications and possibly a selective deposit of online materials from
the .pt domain. Since 2000 BN has had a fully operational
system
for offline and online digital publications. At the moment BN
is
building an internal digital repository for preservation and
access. These plans arise from the activities BN has
developed in
the National Digital Library Initiative (Verheul 2006). Since
2002, with the launch of the National Digital Library, a number of born
digital publications have been included in this service, as well as
digitised collections. Also in 2002, the National Library
provided an online system for the voluntary deposit of digital theses
and dissertations (DITED).
References
Deposito de Dissertacoes e Teses Digitais (DITED) (in
Portuguese)
http://dited.bn.pt/
National Library of Portugal. History of Legal
Deposit (in Portuguese).
http://www.bn.pt/servicos-ao-publico/sp-deposito-legal.html
National Library of Portugal. National Digital
Library (in Portuguese).
http://www.bn.pt/
Verheul, I. (2006). Networking for Digital
Preservation: Current Practice in 15 National Libraries.
IFLA
Publications 119.p.167-172 http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
Chapter 197 of the National
Library Board Act 1995
requires the publisher to deposit two copies of every publication
published in Singapore with the National Library Board, at their own
expense, within four weeks from the date of publication. The
main
purpose of the provisions is characterised as "to preserve the nation's
literary heritage and make them accessible to present and future
generations". The legislation covers "all print and non-print materials
that are published or produced in Singapore, intended for sale or
public distribution". It encompasses books, magazines, annual reports,
newsletters and bulletins, music scores, posters, CD-ROMs, video and
audio cassettes. (Caslon Analytics legal deposit 2005). It
does
not include online publications as yet, though a proposal to extend the
law to cover all electronic publications, including online, has been
prepared (Chow and Siew Kim 2006).
An ongoing programme to harvest Singapore-related web contents
began
in 2006. It will focus on whole domain archiving of all .sg
websites in 2007, estimated at 70,000 registered domains as at December
2006 (Lian San 2007). A Task Force on Legal Deposit of
Materials
was set up in July 2004 tasked with reviewing NLB's policy and
functions, improving awareness of legal deposit, and improving coverage
of the national heritage, including new formats not currently covered
by the legislation. Recommendations from the Task Force
included
adopting an interim measure to collect electronic publications through
a voluntary deposit scheme. A series of quarterly sessions
have
been held with publishers since April 2006. The purpose of
these
sessions is to enhance awareness of legal deposit and also to encourage
the voluntary deposit of online publications (Chow and Siew Kim 2006).
References
Caslon Analytics legal deposit (2005). Singapore and
Malaysia.
http://www.caslon.com.au/depositprofile7.htm
Chow, Lily and Lim Siew Kim (2006). ‘The
Legal Deposit in Singapore’. CDNLAO Newsletter
No 56, July
2006
http://www.ndl.go.jp/en/publication/cdnlao/056/564.html
Lian San, Siow. (2007). ‘Archiving and
Preserving Online Publications @ National Library,
Singapore’. CDNLAO
Newsletter No 58, March 2007
http://www.ndl.go.jp/en/publication/cdnlao/058/585.html
Seow Leng, Ang (2005). ‘National Library of
Singapore Reopens in July with new Lee Kong Chian Reference
Library’. CDNLAO
Newsletter No 53, July 2005
http://www.ndl.go.jp/en/publication/cdnlao/053/537.html
South Africa's Legal Deposit
Act, 1997
came into operation on 1 July 1998, and is administered by the
Department of Art, Culture, Science & Technology's
Subdirectorate
of Meta-information. The broad definition of 'document' and
interpretation of the term 'medium' enables the Act to apply to
electronic publications available in both physical
format
and online. In the legislation 'document' is defined as 'any object
which is intended to store or convey information in textual, graphic,
visual, auditory or other intelligible format through any medium
…'. A 'medium' is interpreted as 'any means of recording or
transmitting information intended for subsequent reading, listening or
viewing'. Due to the technical and administrative challenges associated
with the deposit of dynamic electronic publications, online electronic
materials are presently only subject to deposit when specifically
requested by the National Library of South Africa.
References
South Africa.
Legal Deposit Act No 54 of 1997.
http://www.dac.gov.za/acts/a54-97.pdf
The National Library of Sweden was one of the first libraries
to
extend legal deposit provisions to offline digital media, in 1993, with
an amendment in 1995. The Legal
Deposit Act of
1993 (and 1995 amendment) requires legal deposit of
electronic documents available in physical
format, such as optical
disks.
Online electronic documents, like those found on the internet, are not
covered by this legislation. A printed report on the collection of
online documents was released in January 1999, and in 2000 amendments
to legal deposit provisions were discussed as part of a research and
development bill (Forskning och förnyelse).
The Royal Library of Sweden instituted theKulturarw3
(Cultural Heritage Cubed) project in 1996. This project is
investigating the long-term preservation of published electronic
documents. It approaches the collection of electronic information by
actively harvesting as much as possible in the first instance, then
weeding out what is not wanted. A special decree by the Swedish
government, accepted on May 8, 2002, authorised the Royal Library of
Sweden to collect Swedish web sites on the Internet and to allow the
public access to the archive within the library premises.
The whole Swedish part of the internet is harvested twice a
year and
in addition, 140 Swedish newspapers are harvested daily. The
harvested part of the archive totalled c. 600 million objects as of
March 2007. Other digital objects are ingested based on an
agreement with organisations representing agencies, universities,
university consortia, and publishers. The National Library
collects material with a Swedish link, either .se domain or a generic
Top Level Domain provided the server has a Swedish address.
The National Library is involved in discussions with the Ministry of
Education regarding legal deposit legislation for digital
publications. A matter of current concern is the issue of
copyright as it relates to access rights and also the future management
and access of password protected digital publications. There
are
activities leading to closer cooperation with universities and their
institutional repositories and also with agencies.
References
Kulturarw project
http://www.kb.se/english/find/internet/websites/
Lunden, Tomas (2005). ‘Electronic
Publications – Access Now and in the Future’. A
Seminar at the Royal Library, Sweden, 18 October 2005.
http://www.sciecom.org/sciecominfo/artiklar/lunden_05_03.shtml
National Library of Sweden. Digital Deposit: a
project 2005-2006.
http://www.kb.se/english/about/projects/digital/
Press Release (2002). New decree for Kulturarw3
http://web.archive.org/web/20020803234652/http://www.kb.se/Info/Pressmed/Arkiv/2002/020605_eng.htm
Like the Netherlands, Switzerland has no legal deposit
legislation
for any publications, print or digital. An agreement was
signed
with the Swiss Booksellers and Publishers Association in which
publishers agree to deposit one copy of each publication with the
National Library. This agreement does not include digital
publications at this stage. There is no provision for the
comprehensive collection of digital publications yet. The
project
e-helvetica is in its pilot phase.
References
National Library of Switzerland. National Library of
Switzerland. Mandate
http://www.nb.admin.ch/slb/org/auftrag/index.html?lang=en
Verheul,I. (2006). Networking for Digital
Preservation: Current Practice in 15 National Libraries.
IFLA Publications 119.p.194 http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
Under the United Kingdom's Copyright Act 1911, publishers have
a
legal obligation to send one copy of each of their publications to the
British Library and five other designated deposit libraries. In 1996
the British Library submitted to the then Department of National
Heritage proposals for the extension of legal deposit to non-print
material.
As a result of these proposals, and following a public
consultation
process, in January 1998 the Secretary of State for Culture, Media and
Sport set up a Working Party on Legal Deposit. The
Working Party's report
was published in December 1998 and recommended that a code of practice
for the voluntary deposit of electronic publications should be drafted,
but that in the longer term statutory deposit would be required in
order to secure a comprehensive national published archive. The
resultant Code
of Practice for the Voluntary Deposit of Non-Print Publications
came into effect in January 2000, endorsed by the various UK publisher
trade bodies and legal deposit libraries. The Legal Deposit Libraries
Act received royal assent in 2003. However implementation of
the
Act is subject to the development of regulations which have yet to be
developed (as of June 2007).
Pending the development of regulations, the Joint Committee on
Legal
Deposit (JCLD), a committee of representatives from the library and
publishing sector continues the work of the previous committee which
oversaw the introduction of the voluntary deposit scheme.
This
Committee is working in parallel with an independent Legal Deposit
Advisory Panel (LDAP), established by the Department in 2005, to
provide advice on the regulations for the Act.
In February 2007, LDAP relaunched the voluntary deposit scheme
for
offline publications (initially established in January 2000), which
they will monitor before deciding whether regulations are
required. A voluntary deposit scheme for e-journals is also
being
developed by a joint JCLD and LDAP group following a successful
e-journals archiving pilot scheme undertaken in 2005 with 23 publishers
providing content from 200 journals.
Selective web archiving has been undertaken since its Domain
UK
project in 2001-2002. This was a pilot project which
collected
100 websites over the course of the project. Since then, the
BL
has been involved in selective harvesting of websites both through
their own web archiving programme and through the UK Web Archiving
Consortium (UKWAC).
The British Library archives sites of research value reflecting
national culture, events of historical importance, and a selection
demonstrating innovative website design. Their current
strategy
is to take a complete snapshot of the UK domain at regular intervals
and to selectively harvest other websites, with the permission of the
owner.
A large scale Digital Object Management System is also under
construction and will be capable of storing and preserving large scale
heterogeneous digital objects. The digital objects stored in
this
repository will include all digital material received as voluntary and
legal deposit, digital materials purchased and the output of the BL's
digitisation programme. The British Library is working closely with the
National Library of Wales on this initiative.
In their latest Strategy document Redefining the Library: The
British Library's strategy 2005-2008,
the BL identifies six strategic priorities, one of which is to 'build
the digital research environment' and the other is to 'grow and manage
the national collection'. Collaboration
features
heavily in the achievement of both priorities. Collaborating
across the research community to guarantee that both text-based and
data-based research outputs are preserved and available for the
researchers of tomorrow is one of the actions and benefits
articulated. 'Implementing electronic legal deposit 'is
identified as another key area, which will also involve collaborating
across the other deposit libraries to build and test a secure digital
infrastructure.
References
British Library. Code of practice for the voluntary
deposit of non-print publications
http://www.bl.uk/aboutus/stratpolprog/legaldep/voluntarydeposit/index.html
British Library. Legal Deposit at the British Library.
http://www.bl.uk/aboutus/stratpolprog/legaldep/
British Library. Redefining the Library:
The British Library’s strategy 2005-2008
http://www.bl.uk/aboutus/stratpolprog/redeflib/
Explanatory Notes to Legal Deposit Libraries Act
2003. Chapter 28
http://www.opsi.gov.uk/acts/en2003/2003en28.htm
Field, C (2004). ‘Securing Digital Legal
Deposit in the UK: The Legal Deposit Libraries Act 2003’. Alexandria 16(2).
p.87-111
Legal Deposit Libraries Act 2003, Chapter 28
http://www.opsi.gov.uk/acts/acts2003/20030028.htm
Legal Deposit Advisory Panel
http://www.culture.gov.uk/what_we_do/Libraries/legal_deposit/
Tuck, J (2006). ‘Collecting, selecting
and legal deposit.’ DPC Forum on Web Archiving, 12th June
2006.
http://www.dpconline.org/docs/events/060612Tuck.pdf
In the United States mandatory deposit requirements are found
in Section
407 of the Copyright Act of 1976. These provisions are
equivalent to the legal deposit laws that operate in other countries.
Through the Code
of Federal Regulations,
certain categories of materials are exempted from deposit requirements.
The exemption for material published solely in machine readable form
was revoked in 1988, from which time deposit has been required of
certain publicly available physical
format electronic material,
such as magnetic tapes, CD-ROMs and microforms. For CD-ROMs the
complete package is required: this includes all accompanying
documentation and a printed version if it is available. Voluntary
CD-ROM agreements stipulating how the Library can use items deposited
in this format were introduced in 1993. Mandatory deposit is not yet
applied to online electronic works.
While outside the scope of legal deposit laws, a Section 108
Study
Group was established in 2005 with the goal of making recommendations
for revising the 1976 US copyrights law's exceptions for libraries and
archives. The group's activities are co-sponsored by the
Library
of Congress and the US Copyright Office, though its conclusions and
recommendations will be independent. Assuming the
recommendations
of the group are accepted and become legislation, they will have a
significant impact on the use the Library of Congress will be able to
make of the materials it receives under legal deposit.
Section
108 of the Copyright Act permits libraries and archives to make certain
uses of copyrighted materials in order to serve the public and ensure
the availability of works over time. Among other things, Section 108
provides limited exceptions for libraries and archives to make copies
in specified instances for preservation, replacement and patron access.
In addition, the Library of Congress has been charged by
Congress
with leading the National Digital Infrastructure and Preservation
Program (NDIIPP). The mission of the NDIIPP program is to:
- Develop a national strategy to collect, archive and
preserve the
burgeoning amounts of digital content, especially materials that are
created only in digital formats, for current and future generations.
NDIIPP has identified as priority the following types of
digital information:
Geospatial data; websites; television; social science datasets;
E-Journals; Historical materials.
Each of those types of material has been allocated designated
NDIIPP
partners who are focussing on one of these. NDIIPP is being
managed by the recently established (2001) Office of Strategic
Initiatives. Amongst other activities, NDIIPP is sponsoring several
projects aimed at testing and developing infrastructure requirements
and tools. It is also actively collaborating with other
federal
and non federal organisations.
References
NDIIPP
http://www.digitalpreservation.gov/
Section 108 Study Group
http://www.loc.gov/section108/
Verheul, I.(2006). Networking for Digital
Preservation: Current Practice in 15 National Libraries.
IFLA Publications 119.p.207-225 http://www.ifla.org/V/pr/saur119.htm>http://www.ifla.org/V/pr/saur119.htm
Text last updated: August 2007
Guidelines |
Surveys |
General |
Africa |
Algeria |
Australia |
Austria |
Canada |
Denmark |
Finland |
France |
Germany |
Israel |
Japan |
Latvia |
Netherlands |
New Zealand |
Norway |
Scandinavia |
Singapore |
South Africa |
Sweden |
United Kingdom |
United States of America
-

European Convention for the Protection of the Audiovisual Heritage and Protocol on the Protection of Television Productions ...
Council of Europe
(Date Created: 06 Feb 2001)
- This convention, which was issued by the European parliament in February 2001, provides for the safeguarding and preservation of European moving image heritage. Parties to the agreement are obliged to introduce legal or voluntary mechanisms for the deposit of audiovisual media in designated archival repositories in their territories. The text is broadly worded so that the legislation will apply to electronic and other new forms of audiovisual expression as they are created.
- http://conventions.coe.int/Treaty/en/Treaties/Html/184.htm
-
Legal Deposit of Electronic Publications
Working Group of the Conference of Directors of National Libraries (CDNL)
(Last Updated: 6 Mar 1997)
- This paper suggests guidelines for National Libraries on how to prepare proposals for the legal deposit of electronic publications and how to store and maintain such publications. Included is a summary of developments worldwide and case studies from Canada, France and the USA.
- http://unesdoc.unesco.org/images/0010/001055/105504e.pdf
Top
-
Management of Networked Electronic Publications: A Table of Status in Various Countries
Martin, Elizabeth
(Last Updated: Nov 2001)
- A comparison of national libraries in sixteen countries on matters of deposit legislation and arrangements, approach and policy, plans, negotiations with publishers, access arrangements and implementation for networked electronic publications.
- http://epe.lac-bac.gc.ca/100/206/301/lac-bac/consultation_online_publi
cations-ef/8/7/r7-100-e.html
- Also available in PDF and RTF. Available in French at http://nlc-bnc.ca/obj/r7/f2/r7-100-f.pdf
-

NEDLIB Local Situations
Borbinha, Jose Luis; Cardoso, Fernando; National Library of Portugal
(Date Created: Jul 2000)
- This report outlines the nature and regulation of digital publications (physical format and online) for each of the NEDLIB partner institutions. This includes information on the legal framework, cataloging practices, infrastructure, workflows, specific digital preservation approaches and other allied initiatives.
- http://nedlib.kb.nl/results/local_situations_v2.htm
Top
-
Archiving the Web - Some Legal Aspects
Kavcic-Colic, Alenka
(Date Created: 21 Aug 2002)
- A paper presented at the 68th IFLA General Conference and Council held in Glasgow, 18-24 August, 2002, discussing some legal aspects of archiving publications from the web. Copyright and legal deposit legislation are discussed with regard to rights implications for harvesting, public access and long-term preservation.
- http://www.ifla.org/IV/ifla68/papers/116-163e.pdf
- Also available in French at http://www.ifla.org/IV/ifla68/papers/116-163f.pdf
- Case of the National Library of Jamaica in Implementing and Administering the Legal Deposit of Audiovisual and Multimedia Materials
Francis, Valerie; Webster-Prince, Maureen
(Date Created: 06 Jun 2008)
- This paper delivered at World Library and Information Congress, 74th IFLA General Conference and Council (10-14 August 2008, Québec, Canada) highlights provisions of the Legal Deposit Act (2002) which enabled the National Library of Jamaica to collect, promote, preserve and facilitate access to the nation’s recorded documentary heritage. Although currently focused on collection of audiovisual materials, the NLJ is also considering future Web harvesting which is not currently covered under the act.
- http://www.ifla.org/IV/ifla74/papers/095-Francis_Webster-Prince-en.pdf
- Also available in French http://www.ifla.org/IV/ifla74/papers/095-Francis_Webster-Prince-trans-fr.pdf
-

Copyright aspects of the preservation of electronic publications
Groeneveld, C.; Hugenholtz, P. B.; Koelman, K. J.; Westerbrink, B. N.
(Date Created: 15 Feb 1998)
- Instituut voor Informatierecht Report - 7. This is the report (40 p.) of a study commissioned by the National Library of the Netherlands. It examines "the copyright related problems which could impede efforts to preserve and maintain the accessibility of electronic data".
- ISBN: 9074243-12-6
- http://www.ivir.nl/publications/koelman/kbeng2.doc
- Depósito legal de materiales audiovisuals: la situación latinoamericana
Sambaino, Samira
(Date Created: 27 Jul 2008)
- This paper delivered at World Library and Information Congress: 74th IFLA General Conference and Council (10-14 August 2008, Québec, Canada) provides an overview of the state of legal deposit legislation for audiovisual and multimedia materials and practices in Latin American countries. Countries surveyed in this study were Argentina, Bolivia, Brazil, Chile, Columbia, Ecuador, Paraguay, Peru, Uruguay and Venezuela.
- http://www.ifla.org/IV/ifla74/papers/095-Sambaino-es.pdf
- Also available in English and French from http://www.ifla.org/IV/ifla74/Programme2008.htm
-
Implementing Legal Deposit of Electronic Publications in Africa: Progress Report from South Africa and Namibia
Letshela, Phegello Z; Lor, Peter J
(Date Created: 20 Aug 2002)
- A paper presented at the 68th IFLA General Conference and Council held in Glasgow, 18-24 August, 2002, providing a progress report on implementation of legal deposit legislation for electronic publications in Africa. With a legal framework already in place, the report focusses on achievements so far, problems and challenges in implementation, plans and actions taken to overcome these obstacles and possible assistance from successful implementations.
- http://www.ifla.org/IV/ifla68/papers/072-124e.pdf
-
Legal Deposit and Preservation of Digital Publications : a Review of Research and Development Activity
Muir, Adrienne
(Date Created: Sep 2001)
- A review of legal deposit laws and digital preservation strategies.
- http://www.emeraldinsight.com/10.1108/EUM0000000007097
- Available in Journal of Documentation, Vol. 57, No. 5, pp. 652-682 and online by subscription to Emeral Insight or ACM Portal.
-

Legal Issues Relating to the Archiving of Internet Resources in the UK, EU, USA and Australia : a Study Undertaken for the JISC and Wellcome Trust
Charlesworth, Andrew
(Date Created: 25 Feb 2003)
- Key legal issues such as copyright, data protection and defamation are discussed with emphasis on their application to the United Kingdom legal framework. The article also examines other approaches to web archiving, including several EU countries, the US and Australia. EU experience suggests that establishing legal deposit is highly desirable, US experience reveals that pragmatic approach is successful, but potentially full of legal controversies and Australian licensing approach although limited in its ability to deal with general harvesting of the web provides an acceptable degree of legal risk and allows selective archiving of both ‘shallow’ and ‘deep’ web resources. Also included is a series of recommendations for the JISC and Wellcome Trust regarding the archiving of UK materials.
- http://www.jisc.ac.uk/uploaded_documents/archiving_legal.pdf
-
Management of Networked Electronic Publications: A Table of Status in Various Countries
Martin, Elizabeth
(Last Updated: Nov 2001)
- A comparison of national libraries in sixteen countries on matters of deposit legislation and arrangements, approach and policy, plans, negotiations with publishers, access arrangements and implementation for networked electronic publications.
- http://epe.lac-bac.gc.ca/100/206/301/lac-bac/consultation_online_publi
cations-ef/8/7/r7-100-e.html
- Also available in PDF and RTF. Available in French at http://nlc-bnc.ca/obj/r7/f2/r7-100-f.pdf
-

Preserving the Present for the Future : Strategies for the Internet : Proceedings
Denmark's Electronic Research Library
(Date Created: 22 Jun 2001)
Has papers: Cyberculture, Cultural Asset Management, and Ethnohistory : Preserving the Process and Understanding the Past
; Legal Deposit from the Internet in Denmark : Experiences with the Law from 1997 and the Need for Adjustments
- Papers from the Preserving the Present for the Future : Strategies for the Internet conference, held at the Royal Library, Copenhagen, 18-19 June 2001.
- http://www.deflink.dk/eng/arkiv/dokumenter2.asp?id=695
-
Standard for the Legal Deposit of Online Publications
Bergamin, Giovanni
(Date Created: 4 Jun 1999)
- Abstract in English; abstract in Italian available at: http://www.aib.it/aib/commiss/cnur/dliberga.htm
- http://www.aib.it/aib/commiss/cnur/dleberga.htm
-

State of Legal Deposit Legislation
Deanna Marcum
(Date Created: Jan 2000)
- This paper, presented at Digital Archiving: Bringing Issues and Stakeholders Together Workshop, Paris, 30-31 January 2000, examines the legal deposit challenges of the digital environment. The need for a new legal mechanism for capturing and preserving eIectronic information is emphasised, and the issues of intellectual property rights, digital preservation, distributed repositories, authenticity and the changing relationships between publishers and libraries are addressed.
- http://web.archive.org/web/20021016120841/www.icsti.org/2000workshop/m
arcum.html
-

TEL Digital Deposits : State of the Art Review
de Niet, Marco
(Date Created: Dec 2001)
- This report gives an overview of the digital deposit practices at national libraries throughout Europe in 2001. The report is based on a questionnaire which was sent to all 41 members of the Conference of European National Librarians (CENL). The report recommends a number of issues to be discussed by libraries in order to align their legal deposit practices. This report is followed up by the Report on Current Practices Among Publishers Regarding the Deposit of Digital Publications which includes a corresponding survey of the major publishers of digital publications whose names have been supplied by the CENL libraries.
- http://www.theeuropeanlibrary.org/portal/organisation/cooperation/arch
ive%5Ctelproject_archive/pdf/tel_results_d11_v02.pdf
- European Library Project WP1 - publisher relations, DEL/007
-
Workshop on Issues in the Field of National Deposit Collections of Electronic Publications
Telematics for Libraries, European Commission
(Date Created: 18 Dec 1995)
- The establishment of deposit collections of electronic publications is a keystone in the strategy of long-term availability. This workshop brought together European national libraries, publishers and experts to discuss deposit collections of electronic publications. It was recognised that pilot projects need to develop practical solutions to the many questions remaining to be resolved in all areas of electronic deposit.
- http://www.cordis.lu/libraries/en/depo-rpt.html
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South Africa Legal Deposit Act of 1997
Department of Arts & Culture, Republic of South Africa
(Date Created: Nov 1997)
(South Africa)
- The South African Legal Deposit Act, 1997, which commenced on 1 July 1998, defines deposit documents broadly to encompass electronic publications and new technologies.
- http://www.dac.gov.za/acts/a54-97.pdf
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Long-Term Preservation of ETDs in Algeria : Discussion Through CERIST Deposit System
Bakelli, Yahia; Benrahmoun, Sabrina
(Date Created: May 2003)
(Algeria)
- In Algeria, an electonic copy of every Masters and PhD thesis must be deposited at CERIST (Research Centre on Science and Technical Information) as a condition of obtaining the qualification. This paper examines the issues of preservation and accessibility of these resources. The issues are examined within both an Algerian and international context.
- http://edoc.hu-berlin.de/etd2003/bakelli-yahia/HTML/index.html
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- 2007 Discussion Paper on the Extension of Legal Deposit
Attorney General's Department; Department of Communications, Technology and the Arts
(Date Created: Oct 2007)
(Australia)
- This discussion paper invites comment on the feasibility of extending the current Australian legal deposit scheme to include audiovisual and electronic material. It looks at the scope of the current Legal Deposit Scheme, and arrangements for collecting audiovisual and electronic material. Then it discusses how an extended scheme might operate. Submissions closed 2 May 2008 (after being extended from the original date of 11 January 2008).
- http://www.ag.gov.au/www/agd/agd.nsf/Page/RWP6C58A15A095D9476CA2573720
0035E3E
- Available for download in PDF or Microsoft Word from this website.
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First National Consultative Meeting on the Management of Australian Physical-Format Digital Publications
National Library of Australia
(Last Updated: 16 Oct 1998)
(Australia)
- A National Consultative Meeting on the management of Australian physical-format digital publications brought together representatives from publishers, creators and the National and State Libraries. The meeting aimed to seek agreement on key principles and responsibilities related to the long-term access to digital publications in physical formats. Issues such as legal and voluntary deposit, copyright, access, licensing, collection development, cataloguing, and preservation paths were discussed and an action plan formalised to progress the development of strategies for the long-term preservation and access to significant Australian publications.
- http://www.nla.gov.au/niac/meetings/physical.html
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Implementing an Open Jurisdictional Digital Repository - the STORS Project
Lavelle, Jan; Sokvitne, Lloyd
In: D-Lib magazine
(Date Created: Jun 2004)
(Australia)
- Operating within the legal deposit provisions of Tasmania, this article describes the State Library of Tasmania’s (Australia) development and implementation of an open jurisdictional digital repository for published electronic materials - the Stable Tasmanian Open Repository Service (STORS). Included in the paper is an overview of the publisher self-contribution model; a description of the content and format scope of STORS; explanations on metadata structure, risk management issues and software developments; as well as future considerations for STORS, including additional preservation data.
- 10.1045/june2004-sokvitne
- http://www.dlib.org/dlib/june04/sokvitne/06sokvitne.html
- Legal Deposit in Australia
National Library of Australia
(Last Updated: 1999)
(Australia)
- This article contains general information about legal deposit and the particular requirements of deposit libraries in each Australian state.
- http://www.nla.gov.au/services/ldeposit.html
- Legal Deposit's Role in the Public Domain
Greenleaf, Graham; Paramaguru, Abi; Bond, Catherine; Christou, Sophie
(Date Created: May 2008)
(Australia)
- This paper responds to the '2007 Discussion Paper on the Extension of Legal Deposit' published by the Australian Attorney-Generals Department exploring the extension of the legal deposit scheme to include audio-visual and electronic material. The paper suggests ways that the potential expansion of the scheme could be drafted and implemented to ensure public rights in audio-visual and digital materials are protected. Recommendations are made in relation to Web publications and the rights of depository institutions.
- http://law.bepress.com/unswwps/flrps08/art38/
- University of New South Wales Faculty of Law Research Series. University of New South Wales Faculty of Law Research Series 2008. Working Paper 38
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Legal Deposit, Electronic Publications and Digital Archiving - the National Library of Australia’s Experience
Gatenby, Pam
In: 68th IFLA General Conference and Council - Libraries for Life: Democracy, Diversity, Delivery
(Date Created: 19 Aug 2002)
(Australia)
- In this paper, presented at the 68th IFLA General Conference and Council held in Glasgow, 18-24th August, 2002, Pam Gatenby of the National Library of Australia discusses "how the experience gained from the Library’s digital archiving activity is shaping proposed changes to legal deposit legislation and also explains the constraints imposed by copyright law. Issues of concern to the National Library, publishers and government bureaucrats are highlighted and ways in which these are being addressed are outlined."
- http://www.ifla.org/IV/ifla68/papers/071-124e.pdf
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Legislating the Rainbow: Legal Deposit, Access and Distribution in a Digital Environment
Whitehead, Derek
(Date Created: Nov 1995)
(Australia)
- This paper examines the relevance of legal deposit to new media, focussing on the practicality of legal deposit as a means of obtaining and preserving documentary material.
- http://www.nla.gov.au/niac/meetings/npo95dw.html
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Management and Preservation of Physical-Format Digital Publications: A National Library Position Paper on the Role of Australian Legal Deposit Libraries DRAFT, February 1998
National Library of Australia
(Last Updated: 18 Feb 1998)
(Australia)
- This is a National Library of Australia position paper on the role of Australian legal deposit libraries in the management and preservation of physical format digital materials. The paper suggests ways the National Library of Australia can work with other stakeholders to find practical, cost effective ways of ensuring preservation for this category of publication. Emphasising the need for coordination and cooperation, this paper contains nineteen recommendations for preserving access to physical format digital publications.
- http://www.nla.gov.au/policy/physform.html
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National strategy for provision of access to Australian electronic publications : a National Library of Australia position paper
National Library of Australia
(Last Updated: 21 Dec 1998)
(Australia)
- This paper proposes a national strategy to provide access to Australian electronic publications. Its purpose is to invite comment which may lead to collaborative approaches to resolving the many challenges associated with providing current and longer-term access to electronic material.
- http://www.nla.gov.au/policy/paep.html
- Our Digital Island
State Library of Tasmania
(Regularly Updated)
(Australia)
- Our Digital Island provides access to Tasmanian Web sites that have been preserved for posterity by the State Library of Tasmania, as required by the legal deposit provisions of the Libraries Act 1984. It includes sections on: Selection policy, Metadata development, and a description of the project.
- http://odi.statelibrary.tas.gov.au/
- Policy on Networked Australian Electronic Publications
National Library of Australia
(Last Updated: 21 Dec 1998)
(Australia)
- The document expresses the National Library of Australia's policy at the broadest level. It is anticipated that it will be developed in more detail as a result of work currently being undertaken at the Library.
- http://www.nla.gov.au/policy/elecpol.html
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Simplification of the Copyright Act 1968 : Part 2 Categorisation of Subject Matter and Exclusive Rights and Other Issues
Copyright Law Review Committee
(Last Updated: 12 Feb 1999)
(Australia)
- This report proposes to simplify the categories of protected subject matter and the exclusive rights of copyright owners. It also considers the implementation of a distribution right and addresses issues identified by the Copyright Convergence Group for further consideration by the Committee. Among the matters proposed in those reforms is the new broadly based, technology-neutral right of communication to the public.
- http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(756EDFD270AD704EF00C15
CF396D6111)~CLRC+Simplification+of+the+Copyright+Act+1968+-+Part+2.doc /$file/CLRC+Simplification+of+the+Copyright+Act+1968+-+Part+2.doc
- Available as PDF and Word from http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright_CopyrightLawReviewCommittee_CLRCReports_SimplificationoftheCopyrightAct1968
- STORS : Long Term Storage of Tasmanian Electronic Documents : Stable Tasmanian Open Repository Service
State Library of Tasmania
(Australia)
- STORS – the Stable Tasmanian Open Repository Service is an open jurisdictional repository for published electronic material (individual documents not websites) which operates within the legal deposit provisions of Tasmania (Australia) which was developed by the State Library of Tasmania. Further information on its development is available in D-Lib article (Sokvitne & Lavelle, June 2004).
- http://www.stors.tas.gov.au/logon.do
- Submissions to the 2007 Discussion Paper on the Extension of Legal Deposit
Department of Environment, Water, Heritage and the Arts
(Date Created: 02 May 2008)
(Australia)
- This Web page has links to the submissions received in response to the ‘2007 Discussion Paper on the Extension of Legal Deposit’ published by the Australian Attorney-General's Department and Dept. of Broadband, Communication and the Digital Economy, which closed on Friday 2 May 2008.
- http://www.arts.gov.au/public_consultation/discussion_paper_on_the_ext
ension_of_legal_deposit_of_library_material/submissions
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Archivierung Digitaler Medien
Österreichische Nationalbibliothek
(Regularly Updated)
(Austria)
- The Austrian National Library's electronic archiving web page. The text emphasises that permanent archiving of electronic publications is dependent on the enactment of effective legal deposit legislation. Links are made to the 2000 amendment to legal deposit law (the Novelle zum Mediengesetz), which extended the scope of the legislation to include offline media such as CD-ROMs and DVDs. The complications associated with the deposit and control of online publications are also addressed.
- http://www.onb.ac.at/about/lza/
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Webarchivierung : Eine Aufgabe für Nationalbibliotheken ?!
Rauber, Andreas ; Schmidt, Alfred
(Date Created: 14 May 2001)
(Austria)
- This report, which was presented to the May 2001 meeting of the Federal Internet Advisory Board, discusses the challenges of archiving the Internet for the Austrian National Library. The legal deposit implications for the collection and control of online materials are also examined in the paper.
- http://www.ifs.tuwien.ac.at/~aola/publications/InternetBeirat_14-5-01_
1.doc
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Consultation on Online Publications
National Library of Canada
(Last Updated: 2004)
(Canada)
- Consultation on Online Publications is an initiative of the National Library of Canada to bring together experts from various sectors of the Canadian publishing community with National Library staff, to discuss key issues that the National Library must address when collecting and providing access to online publications. This is a new website that will be updated as more information is available.
- http://epe.lac-bac.gc.ca/100/206/301/lac-bac/consultation_online_publi
cations-ef/8/7/index-e.html
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Electronic Publications Pilot 1996/97 : Final Report
Hjartarson, Fay; Mowat, Kathryn; Ramage, Pamela
(Date Created: May 1999)
(Canada)
- Conducted as a joint initiative between Statistics Canada and the Depository Services Program (DSP) between 1996-1997, the Electronic Publications Pilot's (EPP) main aim was to gather information on how DSP libraries and their users were embracing the electronic environment, and to assess the impact electronic publications would have on print publications. This article provides an overview of the pilot, including an explanation of the methodology undertaken, limitations of the study, research findings including technical and resource problems and archiving issues.
- ISBN: 0662278607
- http://www.statcan.ca/bsolc/english/bsolc?catno=11-534-R&CHROPG=1
- Catalogue no. 11-534-RIE
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Electronic Publications Pilot Project (EPPP): summary of the final report
The National Library of Canada
(Last Updated: 23 May 1996)
(Canada)
- This summary of the final report describes a pilot project that aimed to identify and understand the challenges associated with acquiring, cataloguing, preserving and providing access to Canadian electronic publications. The discussion focusses on two issues: firstly, the NLC's responsibility for storing and managing electronic publications that Canadian authors and publishers create; and secondly, the Library's role as creator and distributor of computerised documents.
- ISBN: 0-662-24672-1
- http://epe.lac-bac.gc.ca/100/200/301/nlc-bnc/eppp_summary-e/ereport.ht
m
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Government Web Content in Canada a National Library Web Archive Perspective
Cantello, Gillian; Stegenga, John
(Date Created: 27 May 2008)
(Canada)
- This paper delivered at the World Library and Information Congress: 74th IFLA Gener
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