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

Legal Deposit Libraries Bill


Legal Deposit Libraries Bill

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 8     Activities in relation to non-print publications: copyright etc.

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

works), after section 44 insert—

       “44A                                                                                    Legal deposit libraries

           (1)           Copyright is not infringed by the copying of a work from the internet

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by a deposit library or person acting on its behalf if—

                  (a)                 the work is of a description prescribed by regulations under

section 10(5) of the 2003 Act,

                  (b)                 its publication on the internet, or a person publishing it there, is

connected with the United Kingdom in a manner so prescribed,

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and

                  (c)                 the copying is done in accordance with any conditions so

prescribed.

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

relevant material permitted to be done under regulations under section

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7 of the 2003 Act.

           (3)           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.

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

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prescribing activities—

                  (a)                 done for a prescribed purpose,

                  (b)                 done by prescribed descriptions of reader,

                  (c)                 done in relation to prescribed descriptions of relevant material,

                  (d)                 done other than in accordance with prescribed conditions.

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

different purposes.

           (6)           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.

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           (7)           In this section—

                  (a)                 “the 2003 Act” means the Legal Deposit Libraries Act 2003;

                  (b)                 “deposit library”, “reader” and “relevant material” have the

same meaning as in section 7 of the 2003 Act;

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

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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—

        “Exceptions to database right: deposit libraries

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

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from the internet by a deposit library or person acting on its behalf

if—

                    (a)                   the work is of a description prescribed by regulations under

section 10(5) of the 2003 Act,

 

 

Legal Deposit Libraries Bill

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                    (b)                   its publication on the internet, or a person publishing it there,

is connected with the United Kingdom in a manner so

prescribed, and

                    (c)                   the copying is done in accordance with any conditions so

prescribed.

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                       (2)                 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 2003 Act.

                       (3)                Regulations under section 44A(3) of the 1988 Act exclude the

application of paragraph (2) in relation to prescribed activities in

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

the application of section 44A(2) of that Act in relation to those

activities.

                       (4)                In this Regulation—

                    (a)                   “the 2003 Act” means the Legal Deposit Libraries Act 2003;

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                    (b)                   “deposit library” and “relevant material” have the same

meaning as in section 7 of the 2003 Act.”

Exemption from liability

 9     Exemption from liability: deposit of publications etc.

     (1)    The delivery by a person, pursuant to section 1, of a copy of a work is to be

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taken—

           (a)           not to breach any contract relating to any part of the work to which that

person is a party, and

           (b)           not to infringe copyright, publication right or database right in relation

to any part of the work or any patent.

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     (2)    Subsection (1) applies to the delivery, pursuant to regulations under section 6,

of a copy of a computer program or material within section 6(2)(b) as it applies

to the delivery of a copy of a work pursuant to section 1.

 10    Exemption from liability: activities in relation to publications

     (1)    A deposit library, or a person acting on its behalf, is not liable in damages, or

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subject to any criminal liability, for defamation arising out of the doing by a

relevant person of an activity listed in section 7(2A) in relation to a copy of a

work delivered under section 1.

     (2)    Subsection (1) does not apply to the liability of a deposit library where—

           (a)           it knows, or in the case of liability in damages it knows of facts or

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circumstances from which it ought to know, that the copy contains a

defamatory statement, and

           (b)           it has had a reasonable opportunity since obtaining that knowledge to

prevent the doing of the activity in relation to the copy.

     (3)    Where, pursuant to section 1, a person (in this section, “the publisher”) has

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delivered a copy of a work to an address specified by a deposit library, the

publisher is not liable in damages, or subject to any criminal liability, for

defamation arising out of the doing by a relevant person of an activity listed in

section 7(2A) in relation to the copy.

 

 

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     (4)    Subsection (3) does not apply where—

           (a)           the publisher knows, or in the case of liability in damages the publisher

knows of facts or circumstances from which it ought to know, that the

copy contains a defamatory statement, and

           (b)           it has had a reasonable opportunity since obtaining that knowledge to

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inform the library of the matter, facts or circumstances known to it and

has not done so.

     (5)    Where a work is published on the internet, subsection (6) applies to a copy of

the work if—

           (a)           the work is of a description prescribed by regulations under this

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subsection,

           (b)           the publication of the work on the internet, or a person publishing it

there, is connected with the United Kingdom in a manner so

prescribed, and

           (c)           the copy was made by a deposit library or person acting on its behalf

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copying the work from the internet in accordance with any conditions

so prescribed.

     (6)    Where this subsection applies to a copy of a work—

           (a)           no person other than the library is liable in damages, or subject to any

criminal liability, for defamation arising out of the doing by a relevant

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person of an activity listed in section 7(2A) in relation to the copy, and

           (b)           subsections (1) and (2) apply in relation to the doing of an activity in

relation to the copy as they apply in relation to the doing of the activity

in relation to a copy of a work delivered under section 1.

     (7)    In this section—

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           (a)           “relevant person” has the same meaning as in section 7;

           (b)           references to activities listed in section 7(2A) are references to those

activities whether or not done in relation to relevant material (as

defined in section 7);

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

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Advocates.

     (8)    The Secretary of State may by regulations provide for this section, as it applies

in relation to liability in damages and criminal liability for defamation, to apply

in relation to liability (including criminal liability) of any description

prescribed in the regulations, subject to such modifications as may be

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prescribed.

     (9)    Where this section applies to the doing of an activity in relation to a copy of a

work it also applies to the doing of the activity in relation to a copy (at any

remove) of that copy.

     (10)   Nothing in this section imposes liability on any person.

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Regulations

 11    Regulations: general

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

           (a)           includes power to make different provision for different purposes,

including in particular different media, descriptions of work, deposit

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libraries or areas; and

 

 

Legal Deposit Libraries Bill

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           (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

exceptions, or in relation to a particular case or class of cases.

     (2)    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.

     (3)    Regulations under section 1(4) or 6 may not be made so as to apply to works

published before the regulations are made.

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     (4)    Regulations under section 1(4), 2 or 6 may not be made unless the Secretary of

State considers that the costs likely to be incurred as a result of the regulations

by persons who publish works to which the regulations relate are not

disproportionate to the benefit to the public arising from the delivery of copies

of such works.

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     (5)    Regulations under section 1(4), 2, 6, 7 or 10(5) may not be made unless the

Secretary of State considers that the regulations do not unreasonably prejudice

the interests of persons who publish works to which the regulations relate.

     (6)    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.

 12    Regulations: Scotland and Wales

     (1)    Regulations under this Act may not be made without the consent of the

Scottish Ministers if they would—

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           (a)           remove an entitlement conferred by or under this Act on the authority

controlling the National Library of Scotland, or

           (b)           confer an entitlement that is not conferred on that authority on any

other deposit library.

     (2)    Subsection (1) does not apply where the entitlement is to delivery of copies of

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electronic publications and—

           (a)           in the case of legal publications, the Faculty of Advocates, or

           (b)           in any other case, the authority controlling the National Library of

Scotland,

            is provided with a means of accessing those publications electronically.

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     (3)    Where subsection (1) does not apply, regulations under this Act that would

affect the authority controlling the National Library of Scotland may not be

made unless the Secretary of State has consulted the Scottish Ministers.

     (4)    Regulations under this Act may not be made without the consent of the

National Assembly for Wales if they would—

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           (a)           remove an entitlement conferred by or under this Act on the authority

controlling the National Library of Wales, or

           (b)           confer an entitlement that is not conferred on that authority on any

other deposit library;

 

 

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            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.

     (5)    Where subsection (4) does not apply, regulations under this Act that would

affect the authority controlling the National Library of Wales may not be made

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unless the Secretary of State has consulted the National Assembly for Wales.

 13    Regulations: Trinity College, Dublin

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

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

Secretary of State is satisfied, in relation to relevant material delivered

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pursuant to such an entitlement—

           (a)           that as regards the restriction by section 7 (having regard to any

regulations made under that section) of activities in relation to relevant

material, the restriction of those activities under the laws of Ireland is

not substantially less,

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           (b)           that as regards the protection under the laws of any part of the United

Kingdom of copyright, publication right, database right and patents in

relation to relevant material, the protection under the laws of Ireland of

corresponding rights is not substantially less, and

           (c)           that as regards the protection from liability under subsections (3) and

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(4) of section 10 (or those subsections as applied by regulations under

that section), the protection under the laws of Ireland in relation to

corresponding liability is not substantially less.

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

General

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 14    Interpretation

In this Act—

                      “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);

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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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Legal Deposit Libraries Bill

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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.

 15    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”.

     (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.”

 16    Commencement and extent

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     (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.

     (3)    An order under subsection (1) may not be made unless the Secretary of State

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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.

 17    Short title

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This Act may be cited as the Legal Deposit Libraries Act 2003.

 

 

 
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