|
| |
| |
A | |
Bill | |
To | |
make provision in place of section 15 of the Copyright Act 1911 relating to the | |
deposit of printed and similar publications, including on and off line | |
publications; to make provision about the use and preservation of material | |
deposited; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Duty to deposit | |
1 Deposit of publications | |
(1) A person who publishes in the United Kingdom a work to which this Act | |
applies must at his own expense deliver a copy of it to an address specified | |
(generally or in a particular case) by any deposit library entitled to delivery | 5 |
under this section. | |
(2) If a deposit library other than the authority controlling the Library of Trinity | |
College, Dublin has not specified an address, the copy is to be delivered to the | |
library. | |
(3) In the case of a work published in print, this Act applies to— | 10 |
(a) a book (including a pamphlet, magazine or newspaper), | |
(b) a sheet of letterpress or music, | |
(c) a map, plan, chart or table, and | |
(d) a part of any such work; | |
but that is subject to any prescribed exception. | 15 |
(4) In the case of a work published in a medium other than print, this Act applies | |
to a work of a prescribed description. | |
(5) A prescribed description may not include works consisting only of— | |
(a) a sound recording or film or both, or | |
(b) such material and other material which is merely incidental to it. | 20 |
| |
| |
| |
|
| |
| |
(6) Subject to section 6(2)(h), the obligation under subsection (1) is to deliver a | |
copy of the work in the medium in which it is published. | |
(7) In this section, “address” means an address in the United Kingdom or an | |
electronic address. | |
2 New and alternative editions | 5 |
(1) This Act does not apply to a work which is substantially the same as one | |
already published in the same medium in the United Kingdom. | |
(2) Where substantially the same work is published in the United Kingdom in | |
more than one medium— | |
(a) section 1(1) applies only in relation to its publication in one of those | 10 |
media, and | |
(b) that medium is to be determined in accordance with regulations made | |
by the Secretary of State. | |
(3) The Secretary of State may by regulations make provision as to circumstances | |
in which works are or are not to be regarded for the purposes of this section as | 15 |
substantially the same. | |
3 Enforcement | |
(1) This section applies where a person (“the publisher”) who is required by or | |
under this Act to deliver anything to an address specified by a deposit library, | |
or to a deposit library, has failed to comply with that obligation. | 20 |
(2) The library may, in accordance with rules of court, apply to the county court | |
(or, in Scotland, to the sheriff) for an order requiring the publisher to comply | |
with the obligation. | |
(3) If on an application under subsection (2) it appears that— | |
(a) the publisher is unable to comply with the obligation, or | 25 |
(b) for any other reason, it is not appropriate to make an order under that | |
subsection, | |
the court or sheriff may instead make an order requiring the publisher to pay | |
to the library an amount which is not more than the cost of making good the | |
failure to comply. | 30 |
Printed publications | |
4 Printed publications: the British Library | |
(1) The British Library Board is entitled to delivery under section 1 of a copy of | |
every work published in print. | |
(2) The copy must be delivered within one month beginning with the day of | 35 |
publication. | |
(3) The copy is to be of the same quality as the best copies which, at the time of | |
delivery, have been produced for publication in the United Kingdom. | |
(4) The Board must give a receipt in writing (whether sent by electronic or other | |
means). | 40 |
| |
| |
|
| |
| |
5 Printed publications: other libraries | |
(1) Each deposit library other than the British Library Board is entitled to delivery | |
under section 1 of a copy of any work published in print which it requests. | |
(2) A request under this section must be in writing (whether sent by electronic or | |
other means). | 5 |
(3) A request— | |
(a) may be made before publication, and | |
(b) in particular, may relate to all future numbers or parts of an | |
encyclopaedia, newspaper, magazine or other work. | |
(4) No request may be made after the end of 12 months beginning with the day of | 10 |
publication. | |
(5) The copy must be delivered within one month beginning with— | |
(a) the day of publication, or | |
(b) if later, the day on which the request is received. | |
(6) The copy is to be of the same quality as the largest number of copies which, at | 15 |
the time of delivery, have been produced for publication in the United | |
Kingdom. | |
Regulations | |
6 Regulations: non-print publications | |
(1) The Secretary of State may by regulations make provision with respect to the | 20 |
application of this Act to works published in media other than print. | |
(2) Regulations under this section may in particular— | |
(a) make provision about the time at which or the circumstances in which | |
any deposit library becomes or ceases to be entitled to delivery under | |
section 1; | 25 |
(b) require the person mentioned in section 1(1) to deliver, with the copy | |
of the work, a copy of any computer program and any information | |
necessary in order to access the work, and a copy of any manual and | |
other material that accompanies the work and is made available to the | |
public; | 30 |
(c) require delivery within a time prescribed by reference to publication or | |
another event; | |
(d) permit or require delivery by electronic means; | |
(e) where a work is produced for publication in copies of differing quality, | |
specify the quality of copies to be delivered; | 35 |
(f) where a work is published or made available to the public in different | |
formats, provide for the format in which any copy is to be delivered to | |
be determined in accordance with requirements specified (generally or | |
in a particular case) by the deposit libraries or any of them; | |
(g) make provision as to the circumstances in which works published on | 40 |
line are or are not to be treated as published in the United Kingdom; | |
(h) specify the medium in which a copy of a work published on line is to | |
be delivered. | |
| |
| |
|
| |
| |
(3) Regulations under this section may not be made so as to apply to works | |
published before the regulations are made. | |
7 Access to and preservation of non-print publications | |
(1) The Secretary of State may by regulations amend an enactment or subordinate | |
legislation, whenever passed or made, so as to provide that copyright, | 5 |
publication right, database right and any similar right in relevant material is | |
not infringed by a person within a paragraph of subsection (2) doing anything | |
within that paragraph. | |
(2) The persons and acts are— | |
(a) a deposit library or a person acting on its behalf copying relevant | 10 |
material for the purposes of preservation or of gaining or providing | |
readers with access to that or other relevant material; | |
(b) a deposit library or a person acting on its behalf making an adaptation | |
of a database or computer program for the purposes of preservation, if | |
the database or program is relevant material; | 15 |
(c) a reader making a temporary copy of relevant material, insofar as it is | |
necessary to do so in order to access that or other relevant material. | |
(3) In this section— | |
“reader” means a person who, for the purposes of research or study and | |
with the permission of a deposit library, is on library premises | 20 |
controlled by it; | |
“relevant material” means all or part of— | |
(a) a work published in a medium other than print, deposited | |
under section 1(1); | |
(b) a computer program or material within section 6(2)(b), | 25 |
deposited pursuant to regulations under section 6. | |
(4) In subsections (2) and (3), references to a deposit library include references to | |
the Faculty of Advocates. | |
8 Regulations: supplementary | |
(1) Any power under this Act to make regulations— | 30 |
(a) includes power to make different provision for different purposes, | |
including in particular different media, descriptions of work, deposit | |
libraries or areas; and | |
(b) as well as being exercisable in relation to all cases to which it extends, | |
may be exercised in relation to those cases subject to specified | 35 |
exceptions, or in relation to a particular case or class of cases. | |
(2) Regulations under this Act may not be made without the consent of the | |
Scottish Ministers if they would— | |
(a) remove an entitlement conferred by or under this Act on the authority | |
controlling the National Library of Scotland, or | 40 |
(b) confer an entitlement that is not conferred on that authority on any | |
other deposit library. | |
(3) Subsection (2) does not apply where the entitlement is to delivery of copies of | |
electronic publications and— | |
(a) in the case of legal publications, the Faculty of Advocates, or | 45 |
| |
| |
|
| |
| |
(b) in any other case, the authority controlling the National Library of | |
Scotland, | |
is provided with a means of accessing those publications electronically. | |
(4) Where subsection (2) does not apply, regulations under this Act that would | |
affect the authority controlling the National Library of Scotland may not be | 5 |
made unless the Secretary of State has consulted the Scottish Ministers. | |
(5) Regulations under this Act may not be made without the consent of the | |
National Assembly for Wales if they would— | |
(a) remove an entitlement conferred by or under this Act on the authority | |
controlling the National Library of Wales, or | 10 |
(b) confer an entitlement that is not conferred on that authority on any | |
other deposit library; | |
but this does not apply where the entitlement is to delivery of copies of | |
electronic publications and that authority is provided with a means of | |
accessing those publications electronically. | 15 |
(6) Where subsection (5) does not apply, regulations under this Act that would | |
affect the authority controlling the National Library of Wales may not be made | |
unless the Secretary of State has consulted the National Assembly for Wales. | |
(7) Regulations under this Act may not be made unless the Secretary of State has | |
consulted— | 20 |
(a) the deposit libraries, and | |
(b) the publishers appearing to the Secretary of State to be likely to be | |
affected. | |
(8) Any power to make regulations under this Act is exercisable by statutory | |
instrument, and no such regulations may be made unless a draft of the | 25 |
instrument containing them has been laid before and approved by a resolution | |
of each House of Parliament. | |
General | |
9 Interpretation | |
In this Act— | 30 |
“the 1988 Act” means the Copyright, Designs and Patents Act 1988 (c. 48); | |
“database right” has the meaning given by regulation 13(1) of the | |
Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032); | |
“deposit library” means any of the British Library Board and the | |
authorities controlling— | 35 |
(a) the National Library of Scotland, | |
(b) the National Library of Wales, | |
(c) the Bodleian Library, Oxford, | |
(d) the University Library, Cambridge, | |
(e) the Library of Trinity College, Dublin; | 40 |
“electronic publication” means an on line or off line publication including | |
any publication in electronic form (within the meaning given by section | |
178 of the 1988 Act); | |
“film” has the meaning given by section 5B of the 1988 Act; | |
| |
| |
|
| |
| |
“medium” means any medium of publication, including in particular any | |
form of on line or off line publication; | |
“prescribed” means prescribed by regulations made by the Secretary of | |
State; | |
“publication” and related expressions, in relation to a work, have the | 5 |
meaning given by section 175(1) of the 1988 Act; | |
“publication right” has the meaning given by regulation 16(1) of the | |
Copyright and Related Rights Regulations 1996 (S.I. 1996/2967); | |
“sound recording” has the meaning given by section 5A of the 1988 Act. | |
10 Consequential amendment, repeals and revocation | 10 |
(1) The provisions listed in the Schedule are repealed or revoked to the extent | |
specified. | |
(2) Section 5 of the National Library of Scotland Act 1925 (c. 73) (transfer of | |
privilege under section 15 of the Copyright Act 1911) is amended as follows. | |
(3) For subsections (1) to (3) substitute— | 15 |
“(1) Copies of legal publications delivered for the Board as the authority for | |
the Library under section 1(1) of the Legal Deposit Libraries Act 2003 | |
shall be transmitted by the Board to the Faculty. | |
(2) The Board shall cause to be inserted in the requests made for them | |
under section 5 of that Act such legal publications as may be named in | 20 |
writing to them by the Faculty.” | |
(4) In subsections (4) and (5), for “law books” substitute “legal publications”. | |
(5) After subsection (5) add— | |
“(6) In this section, “publication” includes a publication made available to | |
the public by means of an electronic retrieval system.” | 25 |
11 Commencement and extent | |
(1) The preceding provisions of this Act, except so far as they confer power to | |
make regulations, come into force in accordance with provision made by the | |
Secretary of State by order made by statutory instrument. | |
(2) Different provision may be made for different purposes. | 30 |
(3) An order under subsection (1) may not be made unless the Secretary of State | |
has consulted the Scottish Ministers and the National Assembly for Wales. | |
(4) This Act does not apply to works published before the commencement of | |
section 1. | |
(5) This Act extends to Northern Ireland. | 35 |
12 Short title | |
This Act may be cited as the Legal Deposit Libraries Act 2003. | |
| |
| |
|
