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House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Legal Deposit Libraries Bill


Legal Deposit Libraries Bill

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A

Bill

[AS AMENDED IN STANDING COMMITTEE F]

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

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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—

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           (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.

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     (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—

 
Bill 11853/2
 
 

Legal Deposit Libraries Bill

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           (a)           a sound recording or film or both, or

           (b)           such material and other material which is merely incidental to it.

     (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

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electronic address.

 2     New and alternative editions

     (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

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more than one medium—

           (a)           section 1(1) applies only in relation to its publication in one of those

media, and

           (b)           that medium is to be determined in accordance with regulations made

by the Secretary of State.

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     (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

substantially the same.

 3     Enforcement

     (1)    This section applies where a person (in this section, “the publisher”) who is

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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.

     (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

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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

           (b)           for any other reason, it is not appropriate to make an order under that

subsection,

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            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.

Printed publications

 4     Printed publications: the British Library

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     (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

publication.

     (3)    The copy is to be of the same quality as the best copies which, at the time of

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delivery, have been produced for publication in the United Kingdom.

 

 

Legal Deposit Libraries Bill

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     (4)    The Board must give a receipt in writing (whether sent by electronic or other

means).

 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.

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     (2)    A request under this section must be in writing (whether sent by electronic or

other means).

     (3)    A request—

           (a)           may be made before publication, and

           (b)           in particular, may relate to all future numbers or parts of an

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encyclopaedia, newspaper, magazine or other work.

     (4)    No request may be made after the end of 12 months beginning with the day of

publication.

     (5)    The copy must be delivered within one month beginning with—

           (a)           the day of publication, or

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           (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

the time of delivery, have been produced for publication in the United

Kingdom.

Regulations

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 6     Regulations: deposit of non-print publications

     (1)    The Secretary of State may make regulations supplementing sections 1 and 2 as

they apply 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

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any deposit library becomes or ceases to be entitled to delivery under

section 1;

           (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

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other material that accompanies the work and is made available to the

public;

           (c)           require delivery within a time prescribed by reference to publication or

another event;

           (d)           permit or require delivery by electronic means;

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           (e)           where a work is produced for publication in copies of differing quality,

specify the quality of copies to be delivered;

           (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

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in a particular case) by the deposit libraries or any of them;

           (g)           make provision as to the circumstances in which works published on

line are or are not to be treated as published in the United Kingdom;

 

 

Legal Deposit Libraries Bill

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           (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.

     (4)           Regulations under this section may not be made unless the Secretary of State

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has considered the impact of those regulations on persons who publish works

of a description prescribed in the regulations.

 7     Use of non-print publications

     (1)    Subject to subsection (2), a relevant person may not use relevant material.

     (2)    The Secretary of State may by regulations make provision permitting the use

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by relevant persons of relevant material, subject to such conditions as may be

prescribed.

     (3)    Regulations under this section may in particular make provision about—

           (a)           the purposes for which relevant material may be used;

           (b)           the time at which or the circumstances in which readers may first use

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relevant material;

           (c)           the description of readers who may use relevant material;

           (d)           the limitations on the number of readers who may use relevant material

at any one time (whether by limiting the number of terminals in a

deposit library from which readers may at any one time access an

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electronic publication or otherwise).

     (4)    In this section—

           (a)           “reader” means a person who, for the purposes of research or study and

with the permission of a deposit library, is on library premises

controlled by it;

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           (b)           “relevant material” means—

                  (i)                 a copy delivered under section 1 of a work published in a

medium other than print;

                  (ii)                a copy delivered pursuant to regulations under section 6 of a

computer program or material within section 6(2)(b);

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           (c)           “relevant person” means—

                  (i)                 a deposit library or person acting on its behalf;

                  (ii)                a reader;

           (d)           references to using relevant material include references to copying it

and, in the case of a computer program or database, adapting it;

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           (e)           references to a deposit library include references to the Faculty of

Advocates.

     (5)    A contravention of this section is actionable at the suit of a person who suffers

loss as a result of the contravention, subject to the defences and other incidents

applying to actions for breach of statutory duty.

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 8     Use of non-print publications: copyright etc.

     (1)    In Chapter 3 of Part 1 of the 1988 Act (acts permitted in relation to copyright

 

 

Legal Deposit Libraries Bill

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works), after section 44 insert—

       “44A                                                                                    Legal deposit libraries

           (1)           Copyright is not infringed by the doing of anything in relation to

relevant material permitted to be done under regulations under section

7 of the Legal Deposit Libraries Act 2003 (in this section, “the 2003

5

Act”).

           (2)           The Secretary of State may by regulations make provision excluding, in

relation to prescribed activities done in relation to relevant material, the

application of such of the provisions of this Chapter as are prescribed.

           (3)           Regulations under subsection (2) may in particular make provision

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about—

                  (a)                 anything done by prescribed descriptions of reader,

                  (b)                 anything done in relation to prescribed descriptions of relevant

material,

                  (c)                 prescribed descriptions of activities done in relation to relevant

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material,

                  (d)                 such descriptions of such activites done other than in

accordance with conditions prescribed in the regulations.

           (4)           Regulations under this section may make different provision for

different purposes.

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           (5)           Regulations under this section shall be made by statutory instrument

which shall be subject to annulment in pursuance of a resolution of

either House of Parliament.

           (6)           In this section—

                  (a)                 “reader” and “relevant material” have the same meaning as in

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section 7 of the 2003 Act;

                  (b)                 “prescribed” means prescribed by regulations made by the

Secretary of State.”

     (2)    In Part III of the Copyright and Rights in Databases Regulations 1997 (S.I.

1997/3032) (database right), after Regulation 20 insert—

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        “Exceptions to database right: deposit libraries

        20A.               (1)                Database right in a database is not infringed by the doing of anything

in relation to relevant material permitted to be done under

regulations under section 7 of the Legal Deposit Libraries Act 2003

(in this Regulation, “the 2003 Act”).

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                       (2)                Regulations under section 44A(2) of the 1988 Act exclude the

application of paragraph (1) in relation to prescribed activities in

relation to relevant material as (and to the extent that) they exclude

the application of section 44A(1) of that Act in relation to those

activities.

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                       (3)                In this Regulation, “relevant material” has the same meaning as in

section 7 of the 2003 Act.”

 9     Regulations: supplementary

     (1)    Any power under this Act to make regulations—

 

 

Legal Deposit Libraries Bill

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           (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

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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

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           (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

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           (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

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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

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           (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.

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     (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—

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           (a)           the deposit libraries, and

           (b)           the publishers appearing to the Secretary of State to be likely to be

affected.

     (8)           Regulations under this Act which confer an entitlement on the authority

controlling the Library of Trinity College, Dublin may not be made unless the

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Secretary of State is satisfied that the restrictions on use of relevant material

imposed by the laws of Ireland are not substantially less restrictive than those

imposed by the laws of any part of the United Kingdom.

     (9)    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

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instrument containing them has been laid before and approved by a resolution

of each House of Parliament.

 

 

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     (10)          In this section “relevant material” has the same meaning as in section 7.

General

 10    Interpretation

In this Act—

                      “the 1988 Act” means the Copyright, Designs and Patents Act 1988 (c. 48);

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                      “deposit library” means any of the British Library Board and the

authorities controlling—

                  (a)                 the National Library of Scotland,

                  (b)                 the National Library of Wales,

                  (c)                 the Bodleian Library, Oxford,

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                  (d)                 the University Library, Cambridge,

                  (e)                 the Library of Trinity College, Dublin;

                      “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);

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                      “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;

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                      “publication”, in relation to a work—

                  (a)                                                                                                                                         means the issue of copies of the work to the public, and

                  (b)                                                                                                 includes making the work available to the public by means of an

electronic retrieval system;

                            and related expressions are to be interpreted accordingly;

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                      “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.

 11    Consequential amendment, repeals and revocation

     (1)    The provisions listed in the Schedule are repealed or revoked to the extent

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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—

           “(1)              Copies of legal publications delivered for the Board as the authority for

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the Library under section 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

writing to them by the Faculty.”

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     (4)    In subsections (4) and (5), for “law books” substitute “legal publications”.

 

 

 
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