Legal deposit in Australia
What is legal deposit ?
Legal deposit is a statutory provision which obliges publishers to deposit copies of their publications in libraries in the country in which they are published. Under the Copyright Act 1968 and various state Acts, a copy of any work published in Australia must be deposited with the National Library of Australia and the appropriate State library. In New South Wales, Queensland and South Australia, legislation also applies to other libraries and a copy must also be deposited with these libraries. Legal deposit extends not only to commercial publishers but also to private individuals, clubs, churches, associations, societies and organisations. Legal deposit of the material is the sole responsibility of the publisher or author.
What are the requirements of legal deposit ?
The Acts requiring deposit have a number of common features.
- Definition of a work
A work can be a book, a periodical such as a newsletter or annual report, a newspaper, a piece of sheet music, map, plan, chart, table, program, catalogue, brochure or pamphlet.
In some states it also includes material published in electronic format such as CDs and computer disks and DVD's. - Definition of publication
A work is deemed to have been published if reproductions of the work or edition have been made available (whether by sale or otherwise) to the public. - Best copy
The copy of the material must be a copy of the whole material and must be the best copy of that material as published. For example, if both a hard cover bound edition and a paperback edition are published, one copy of the hard cover edition must be deposited. - Second and subsequent editions
A copy of a second or later edition in which copyright subsists does not have to be deposited unless it contains additions or alterations to the text or the illustrations. If a second or later edition does contain such additions or alterations then the best copy of that edition must also be deposited. If a book is reprinted with a change to the title, or any part of the content, or by a different publisher, it is considered a new edition. - Claiming
When a legal deposit library finds that it has not received a published item on legal deposit it claims the publication from the publisher. This ensures the collection of currently published Australiana is as complete as possible, and at the same time, reminds publishers of the requirements of legal deposit.
What are the benefits of legal deposit ?
The National Library and other deposit libraries assume an obligation to preserve all material lodged with them. *Legal deposit ensures that:
- The works of authors and publishers will survive for the use of future generations.
- Records for legal deposit publications are available through Libraries Australia (an online shared Australian National Bibliographic Database).
- Wide exposure for published works (especially self-published works) is provided.
- Libraries can access records for published works and order these for their collections.
- Selected catalogue records are included in online databases, for example, Australian Public Affairs Information Service (APAIS), Australasian Medical Index (AMI).
*Legal deposit of material with libraries does not provide copyright protection. Copyright protection is granted automatically once a work is created.
The National Library's catalogue is available on the Internet at: http://www.nla.gov.au and search under Our catalogue.
A service for publishers provided by the National Library is the Cataloguing in Publication program (commonly known as CiP).
Cataloguing in Publication
National Library of Australia
Canberra ACT 2600.
Tel: 02 6262 1458
Fax: 02 6273 4492
Internet: http://www.nla.gov.au/services/CIP.html
Email: cip@nla.gov.au
Particular requirements of each deposit library
Australia wide - National Library of Australia
Legal Deposit Unit
National Library of Australia
Canberra ACT 2600
Telephone: 02 6262 1312
Facsimile : 02 6273 4492
E-mail: legaldep@nla.gov.au
Internet:
http://www.nla.gov.au/services/ldeposit.html
Legal deposit with the National Library is required under the Copyright Act 1968 s201. The Act requires all Australian publishers to deliver a copy of library material to the National Library within one month of publication. Library material means a book, periodical (eg newsletter, annual report), newspaper, pamphlet, sheet of letterpress, sheet music, map, plan, chart or table.
When sending legal deposit material to the National Library please ensure that there is a name and address attached so that the legal deposit receipt can be sent. No other forms are required.
New South Wales
Legal Deposit
Collection Services
State Library of New
South Wales
Macquarie Street
Sydney NSW 2000
Tel: 02 9273 1489
Fax: 02 9273 1246
Email: orders@sl.nsw.gov.au
Legal
Deposit Officer
NSW Parliamentary Library
Parliament House
Macquarie
Street
Sydney NSW 2000
Tel: 02 9230 2384
Fax: 02 9230 2640
Email: libreq@parliament.nsw.gov.au
Legal Deposit Officer
University of Sydney Library
University of
Sydney NSW 2006
Tel: 02 9351 7268
Fax: 02 9351 7305
Email: legaldeposit@library.usyd.edu.au
Legal deposit is required under the New
South Wales Copyright Act 1879-1952, ss 5-7.
The Act requires that
a copy of every 'book' first published in New South Wales be lodged within two
months of publication. 'Book' is defined in the Act as any book, newspaper,
pamphlet, leaflet, music, map, chart or plan separately published and 'bound',
sewed or stitched together'.
Legal deposit is also required with the National Library.
Northern Territory
Legal Deposit Officer
Northern Territory Library
GPO
Box 42
Darwin NT 0801
Tel: 08 8999 3929
Fax: 08 8999 6920
Email: NTL.Deposit@nt.gov.au
Legal deposit is required under the Publications (Legal Deposit) Act 2004. This Act requires documents published in the Northern Territory be deposited within two months of publication. 'Document' means any document available to the public including books, newspapers, magazines, periodicals, reports, newsletters, calendars, directories, handbooks, guides, sheet music, maps, pamphlets, audio cassettes, video cassettes, films, multimedia kits, computer magnetic tape, computer optical discs, floppy discs, compact discs, CDROMs, DVDs. The Act also includes Internet Publications including websites and PDF files.
Legal deposit is also required with the National Library.
Queensland
Library Deposits (Queensland)
Resource Discovery Unit
State
Library of Queensland
P O Box 3488
South Brisbane QLD 4101
Tel: 07
3840 7880
Fax: 07 3846 1926
Email: heritage@slq.qld.gov.au
Parliamentary Librarian
Parliamentary Library
Parliament House
George
Street
Brisbane QLD 4001
Tel: 07 3406 7199
Fax: 07 3210
0172
Email: Library.inquiries@parliament.qld.gov.au
Legal deposit is required under the Queensland Libraries Act 1988 which replaces Part VIII of the Libraries and Archives Act 1988 . The Act requires that material published in Queensland is deposited within one month of publication with the State Librarian and the Librarian of the Parliamentary Library.
Material is defined as every part or division of a book, periodical, piece of sheet music, map or chart, also non-print material on audio tape, film, video recording, disk, microfilm or microfiche. Material is considered to have been published if reproductions of the material or edition have been supplied (whether by sale or otherwise) to the general public.
Legal deposit is also required with the National Library.
South Australia
Legal Deposit
State Library of South Australia
GPO Box
419
ADELAIDE SA 5001
Tel: (0)8 8207 7261
Tel:
(0)8 8207 7281
Fax: (0)8 8207 7307
Email:
info@slsa.sa.gov.au
Parliamentary
Librarian
South Australian Parliament Research Library
GPO Box 572
Adelaide SA 5001
Tel: 08 8237 9398
Fax: 08 8212 1797
Email: ILL@parliament.sa.gov.au
Legal deposit is required under the South Australian Libraries Act 1982, s35 and Libraries Act Amendment Act, 1989. The Acts require that material published in South Australia be deposited within one month after publicationn. Material includes a book, or a part or division of a book: a newspaper, magazine, journal or pamphlet: a map, plan, chart or table: printed music: a record, cassette, film, video or audio tape, disk or other item made available to the public, designed to store and facilitate the reproduction of visual images, sound or information.
Legal deposit is also required with the National Library.
Tasmania
Legal Deposit Officer
State Library of Tasmania
91 Murray
Street
Hobart TAS 7000
Tel: 03 6233 7502
Fax: 03 6233 7506
Email: Heritage.Collections@education.tas.gov.au
Legal deposit is required under the Tasmanian Libraries Act 1984, s 22. The Act requires that a book published in Tasmania be deposited within one month of publication. 'Book' means any book, periodical, newspaper, printed matter, map, plan, music, manuscipt, picture, print, motion picture, sound recording, photographic negative or print, microphotography, videorecording and any other matter or thing whereby words, sounds or images are recorded or reproduced.
Legal deposit is also required with the National Library.
Victoria
Legal Deposit Officer
State Library of Victoria
328 Swanston
Street
Melbourne VIC 3000
Tel: 03 8664 7141
Fax: 03 9663 1480
Email: MonoAcq@slv.vic.gov.au
Legal deposit is required under the Victorian Libraries Act 1988, s49. The Act requires the deposit within two months of every new publication published in Victoria. Publication includes every book, periodical, newspaper, musical score, map, chart, plan, picture, photograph, print and any other printed matter, any microfiche or microfilm and a range of other types of publication.
Legal deposit is also required with the National Library.
Western Australia
Legal Deposit
Battye Library
State Library of Western
Australia
Alexander Library Building
Perth Cultural Centre
Perth WA
6000
Tel: 08 9427 3107
Fax: 08 9427 3276
Email: battref@mail.liswa.wa.gov.au
Legal deposit was required under the Western Australian Copyright Act 1895,
ss 4, 7-9. The Act required that a book published in Western Australia be
deposited within two months of publication.
This Act was
repealed in 1994. In this Act publicationmeant a 'book, newspaper, magazine, journal,
pamphlet, map, plan, chart or table, printed music, a film, tape, disc or other
device
, and anything prescribed to be a publication for the purposes of
this definition'.
Until legal deposit legislation is reinstated the State Library of Western
Australia hopes that publishers will abide by the spirit of legal deposit. Deposit material is housed in the JS Battye Library of Western
Australian History.
Legal deposit is also required with the National Library.
Copyright
Legal deposit should not be confused with copyright. Under the Copyright Act 1968 copyright protection is granted automatically in Australia from the moment of creating a work. There are no formalities to be completed, such as registration or payment of fees. Publication is not necessary for copyright to subsist in the work except in the case of sound and television broadcasts and publishers' copyright in editions of works. However, library records and the legal deposit receipt issued to the publisher by some legal deposit libraries may be used as evidence of date of issue.
The Australian Copyright Council can provide advice to authors and publishers on copyright. The address of the Australian Copyright Council is:
245 Chalmers Street
Redfern NSW 2016.
Tel: 02 9318 1788
Fax: 02 9698 3536
Email: info@copyright.org.au
Internet: http://www.copyright.org.au
