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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 | 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— | |
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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 | 5 |
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 | 10 |
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. | 15 |
(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 | 20 |
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 | 25 |
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, | 30 |
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 | 35 |
(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 | 40 |
delivery, have been produced for publication in the United Kingdom. | |
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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. | 5 |
(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 | 10 |
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 | 15 |
(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 | 20 |
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 | 25 |
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 | 30 |
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; | 35 |
(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 | 40 |
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; | |
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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 | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
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; | 25 |
(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); | 30 |
(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; | 35 |
(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. | 40 |
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 | |
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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 | 10 |
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 | 15 |
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. | 20 |
(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 | 25 |
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— | 30 |
“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”). | 35 |
(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. | 40 |
(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— | |
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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 | 5 |
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 | 10 |
(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 | 15 |
(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 | 20 |
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 | 25 |
(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. | 30 |
(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— | 35 |
(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 | 40 |
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 | 45 |
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); | 5 |
“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, | 10 |
(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); | 15 |
“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; | 20 |
“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; | 25 |
“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 | 30 |
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 | 35 |
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.” | 40 |
(4) In subsections (4) and (5), for “law books” substitute “legal publications”. | |
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