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Legal deposit

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Legal deposit

Legal deposit is a legal requirement that mandates individuals or organizations to submit copies of their publications to a designated repository, typically a national library. The number of copies required varies by country. In some jurisdictions, governments are also subject to legal deposit obligations and must provide copies of official documents to publicly accessible libraries. These requirements exist to preserve a nation's published heritage and ensure long-term access to information.

The legislation governing legal deposit requirements varies by country; in some cases, it is enshrined in copyright law, while in others, it is established through separate legal deposit or library-specific statutes. Until the late 20th century, legal deposit covered only printed and audiovisual materials. However, in the 21st century, most countries have extended their legislation to include digital documents. In 2000, UNESCO published a new and enlarged edition of Jean Lunn's 1981 Guidelines for Legal Deposit Legislation, which addresses the issue of electronic formats in its recommendations for the construction of legal deposit legislation.

The number of books deposited in national legal repositories increased from 2.4 million in 2018 to 2.7 million in 2019, mainly due to a substantial growth in digital deposits.

In Albania, section 41–47 of the law "On books in the Republic of Albania" (no. 9616/2006) requires publishers of "printed books, brochures, posters, postal cards, maps, geographic atlases, and musical and choreographical scores" to deposit 5 copies without compensation at the National Library of Albania, the Library of the Albanian Parliament, and the local public library of the municipality the publisher operates in. Each new printing is subject to the same conditions.

In Australia, section 201 of the Copyright Act 1968 and other state acts requires that a copy of all materials published in Australia be deposited with the National Library of Australia. State laws require books and a wide range of other materials published in each state to be deposited in the applicable state library. New South Wales, Queensland and South Australia also require books published in those states to be deposited in the library of the state parliament. New South Wales law also requires books published in that state to be deposited in the University of Sydney library.

The relevant legislation governing deposit of items to state and territory libraries are: the Publications (Legal Deposit) Act 2004 (NT); the Libraries Act 1988 (Qld), the Libraries Act 1984 (Tas), Section 35 of the Libraries Act 1982 (SA), the Libraries Act 1939 (NSW), Section 49 of the Libraries Act 1988 (Vic), and the Legal Deposit Act 2012 (WA) The Australian Capital Territory (ACT) has no local legislation as of May 2020, but publishers "are encouraged to lodge a copy of their publications with the ACT Heritage Library for ongoing preservation and access".

The Copyright Act 1968 and legal deposit legislation pertaining to each state mandates that publishers of any kind must deposit copies of their publications in the National Library of Australia as well as in the state or territory library in their jurisdiction. Until the 21st century, this has applied to all types of printed materials (and in some states, to audio-visual formats as well). On 17 February 2016, the federal legal deposit provisions were extended (by Statute Law Revision Act (No. 1) 2016) to cover electronic publications of all types. By July 2018, while the Northern Territory was the only jurisdiction with legislation with explicit mention of "internet publications" (in its Publications (Legal Deposit) Act 2004), Queensland's Libraries Act 1988 and Tasmania's Libraries Act 1984 were broad enough to include digital publications. Most states and territories have been reviewing or amending existing legislation to extend to digital publications as well. The State Library of South Australia requires that electronic publications should be deposited rather than print whenever possible". In June 2019, New South Wales passed new legislation, the Library Amendment Act 2019, which amended the Library Act 1939 and repealed previous legal deposit legislation, the Copyright Act 1879 (NSW). The change means that legal deposit now applies to all formats, including digital.

Under the legislation (section 195CD (1) (c) (i)), publishers are required to deposit digital publications without technological protection measures (TPM) or digital rights management (DRM); that is, the copy must contain all content and functionality, without protection measures such as password protection or subscription paywalls.

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