Guidance - The National Published Archive - Legal Deposit of Official Publications
Number: 11
Date: 15 May 2000
(Revised 9 May 2005)
This guidance sets out the responsibilities for legal deposit of both print and non-print official publications and explains to government departments and agencies what they need to do to comply with the legal obligation to deposit copies of publications with the British Library and the other Copyright Libraries.
Purpose
1. To explain to government departments and agencies what they need to do to comply with the legal obligation to deposit copies of Publications with the British Library and the other Copyright Libraries.
Background
2. Under the Copyright Act 1911 and equivalent legislation in Ireland, it is obligatory for publishers in the United Kingdom and Ireland to deposit their publications.
3. The principle of legal deposit has been well established for almost four centuries and has great advantages for authors and publishers. Publications deposited with the libraries are made available to users in their reading rooms, they are preserved for the benefit of future generations, and become part of the national heritage.
4. There are six legal deposit libraries in the United Kingdom and in Ireland whose holdings make up the National Published Archive of the British Isles. These are:
- The British Library;
- The Bodleian Library, Oxford;
- The University Library, Cambridge;
- The National Library of Scotland, Edinburgh;
- The Library of Trinity College, Dublin;
- The National Library of Wales, Aberystwyth;
5. Although it is not a Legal Deposit Library under the terms of the Copyright Act, the Library of Queen’s University, Belfast has, following the creation of the New Northern Ireland Assembly, been treated as though it was an official deposit library for Northern Ireland official publications. Northern Ireland official publications have not been deposited systematically in recent years; this initiative is designed to ensure comprehensive receipt of all Northern Ireland official publications from whatever originating body.
6. This Guidance Note sets out the arrangements that should be applied for all Official Publications
What is a publisher?
7. Within the terms of the Copyright Act ’publisher’ is to be understood as anyone who issues or distributes publications to the public. This definition includes all Government Departments and Agencies where they are publishing material themselves. Where, however, a publication is being published via a private sector publisher (e.g. The Stationery Office Limited) then it is the responsibility of the publisher to fulfil the obligation to deposit.
8. Where a department is contracting with a private sector publisher then the contract should emphasise this obligation. The following form of words may be used in contracts:
"Copyright Deposit
The Publisher shall at its own expense deposit such copies of all publications produced under this contract in the libraries in which such deposit is defined and required by law within the time stipulated in the relevant legislation. In the case of libraries which are entitled to copies only on specific claim, the Publisher shall despatch copies automatically without the need for libraries to claim them."
What are publishers required to deposit?
9. All printed publications come within the scope of legal deposit. A code of practice exists in the United Kingdom for the voluntary deposit of non-print publications, including microform and electronic media (see paragraph 12 below).
10. A work is said to be published when copies are issued to the public. The place of publication or printing, the nature of the imprint and size of distribution are immaterial - it is the act of issuing it or distributing it to the public that renders a work liable for deposit. Published works liable to deposit include books, pamphlets, maps, printed music, journals and newspapers. There are exemptions, however, and unless a written demand is made by the British Library then local transport timetables, blank calendars, diaries and forms and posters with little textual content, need not be deposited.
11. Publishers are obliged to send one copy of each of their publications to the British Library. The other five libraries have the right to claim those publications from the publishers and distributors. In practice many publishers (including The Stationery Office Limited) deposit their publications with all six libraries without waiting for a claim to be made and it is this practice that departments and agencies should adopt in relation to the deposit of their own publications. In the case of magazines, journals and other serial publications, however, it is advisable to consult the Agent for the Copyright Libraries (see paragraph 19 below) before sending as the five libraries may have agreed between them to limit the number of copies to be claimed.
The voluntary deposit of non-print publications
12. In 1997 the Culture Secretary set up a working party under Sir Anthony Kenny to advise on an effective national archive of non-print material. The working party concluded that only statutory legal deposit could secure a comprehensive national archive. The Culture Secretary responded that, following further work on definitions and the impact on business, he would move towards legislation. In the meantime he asked for a voluntary code of practice to be drawn up.
13. A code of practice for the voluntary deposit of non-print publications in the United Kingdom, including some types of electronic media, has subsequently been prepared and has been endorsed by the Department for Culture, Media and Sport, the Legal Deposit Libraries, the Publishers’ Association, the Association of Learned & Professional Society Publishers and the Periodical Publishers’ Association. It came into effect from 4 January 2000 and covers the voluntary deposit of non-print publications in microform (e.g. microfilm) and offline electronic media or electronic publications issued on physically separate digital media, such as CD-ROMs, DVDs and magnetic disks. Continuously updated publications such as ’dynamic’ databases are excluded. Deposit is also not required:
- if a publication substantially duplicates the content of a print publication from the same publisher already deposited;
- if a publication is published only for private internal use within an organisation;
- if a publication has already been deposited under a publishing agreement;
- if a publication falls within a category of publications specified by the legal deposit libraries as not being required for deposit - e.g. computer software, computer games.
14. Microform publications need not be deposited until 6 copies have been sold in the United Kingdom and offline publications need not be deposited until 12 copies have been sold in the United Kingdom. The code also only requires that one copy be deposited with the British Library though the other libraries may request a copy.
15. Publishers are also encouraged to deposit non-print publications in these media, which were published before the end of 1999. Copies of the full code of practice can be accessed on the British Library website
16. Although the code is voluntary, departments and agencies should nevertheless apply its terms in relation to their own non-print publications and are encouraged to provide copies to each of the libraries.
17. Unless departments expressly state otherwise it should be assumed that where each library is to be provided with a copy, the library will be able to provide for single user access within the holding deposit library, via an intranet, to one single authorised user at one time at designated terminals. Where it is intended to deposit only one copy then networked access will be allowed, across a secure network between the legal deposit libraries, at designated terminals in each library and to one single user at one time in each library. It will also be assumed that the holding deposit library may copy a publication on to other media for preservation purposes only, subject to the preservation of the identity and integrity of the individual publication. The copied version may not be used to provide user access.
Where should publications be sent?
18. Publications destined for the British Library (with the exception of newspapers) should be sent to:
Legal Deposit Office
The British Library
Boston Spa
Wetherby
West Yorkshire
LS23 7BY
Tel: 01937 546268 Monographs or 546267 Serials
Fax: 01937 546176
e-mail: legal-deposit-books@bl.uk or legal-deposit-serials@bl.uk
Newspapers destined for the British Library should be sent to:
Newspaper Legal Deposit Office
The British Library
Unit 3, 120 Colindale Avenue
London
NW9 5LF
Tel: 020 7412 7382
Fax: 020 7412 7390
e-mail: legal-deposit-colindale@bl.uk
19. The other five legal deposit libraries employ an agent to collect publications on their behalf. Publications and enquiries should be addressed to:
The Agent for the Copyright Libraries
Copyright Libraries Agency
100 Euston Street
London
NW1 2HQ
Tel: 020 7388 5061
Fax: 020 7383 3540
e-mail: publisher.enquiries@aldl.ac.uk
20. For Northern Ireland official publications copies should in addition be sent to:
The Main Library
The Queen’s University of Belfast
University Square
Belfast
BT7 1LS
Tel: 028 9027 3605
Fax: 028 9032 3340
e-mail: library@qub.ac.uk
CAROL TULLO
Controller HMSO
Queen’s Printer