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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 | 5 |
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, | 10 |
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 | 15 |
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 | 20 |
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. | 25 |
(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. | 30 |
(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 | 35 |
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 | 40 |
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, | |
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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. | 5 |
(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 | 10 |
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; | 15 |
(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 | 20 |
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. | 25 |
(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 | 30 |
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 | 35 |
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 | 40 |
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 | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
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— | 25 |
(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 | 30 |
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 | 35 |
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. | 40 |
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 | 45 |
libraries or areas; and | |
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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— | 5 |
(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. | 10 |
(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. | 15 |
(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 | 20 |
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— | 25 |
(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 | 30 |
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. | 35 |
(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— | 40 |
(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 | 5 |
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 | 10 |
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, | 15 |
(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 | 20 |
(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 | 25 |
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); | 30 |
“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, | 35 |
(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); | 40 |
“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; | 45 |
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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; | 5 |
“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 | 10 |
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 | 15 |
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.” | 20 |
(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 | 25 |
(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 | 30 |
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 | 35 |
This Act may be cited as the Legal Deposit Libraries Act 2003. | |
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