Digital Legal Deposit in Selected Jurisdictions

Australia`s mandatory filing provisions are part of the Commonwealth of Australia Copyright Act 1968 (ss195CA-195CJ). Since February 2016, the provisions on the mandatory delivery of digital material, including online content, have been in force. For online material to be subject to mandatory deposit, copyright would have to exist under the law (and therefore not limited to the .au Web domain), and the Director General of the National Library believes that it should be included in the National Collection of Library Materials in accordance with the Library`s functions set out in the National Library Act. 1960. Publishers are required to file documents online only if requested to do so by the Director-General. However, the law provides that the request for filing can be made by electronic communication and by a request from a user agent (robot). The present report is provided for reference purposes only. It does not constitute legal advice and is not the official opinion of the United States Government. The information provided reflects the research conducted at the time of writing.

It has not been updated. Private websites and online documents, information from mailing lists and works intended for a limited audience are generally exempt from the mandatory delivery obligation (Germany, Israel, Netherlands, Spain). The Estonian National Library refuses to collect live publications and web publications with an unreasonable amount of data. In many of the countries studied, data limits have been introduced for deposited files. Films and sound equipment are excluded from the obligation to deposit in Great Britain. Technology is a differentiating factor in Japan when it comes to deciding whether a website should be subject to e-filing requirements. If a Japanese website has limited access and special technology is required to access it, that website is exempt from mandatory filing. The majority of countries surveyed extend the requirement for electronic filing to websites, online publications (including digital works) and scanned copies of printed materials. The United Kingdom allows the replacement of a printed version of a work that is otherwise subject to mandatory delivery by a digital copy. Some countries stipulate that audio, visual and audiovisual resources are recognized as digital material deposited with other electronic publications. Estonia and France lay down separate rules for the submission of films. The following IIPC members collect web archives under their country`s copyright laws: mandatory deposit provisions per se do not apply to access; However, section 200AB of the Copyright Act 1968 provides an exception for the library for the purpose of maintaining or operating the library, including services of the type normally provided by the library.

This derogation is invoked in accordance with Article 13 of the TRIPS Agreement. Software and databases represent an interesting segment of digital materials in terms of their preservation and deposit. The France and the Netherlands present two different approaches. Although French law explicitly identifies software and databases as needing to be deposited, the Dutch National Library does not collect applications (applications), games and databases, as they change frequently. The laws and regulatory documents of all the countries studied indicate, in one form or another, that the purpose of maintaining an electronic filing system is to permanently preserve the national digital heritage. A regular harvest of canvases is also carried out in most of the countries studied. Websites that fall under the country`s domain code, or websites whose hosts can be identified as physically located in the country, are usually collected to be preserved. The National Library of the Netherlands points out that it “selects innovative, popular or relevant websites for Dutch society”. The National Library of France does not collect e-books individually, but regularly collects them from publishers` websites.

After collection, access to all deposited documents depends on the commercial status and copyright of a publication. The repository is usually responsible for ensuring access and implementing the necessary restrictions. Most of the countries studied transfer responsibility for the filing of electronic documents to publishers or producers of electronic documents and set clear rules for the transmission of such documents to designated filings. Some countries set a timetable for mandatory filings. Canada and Germany require that electronically deposited materials be made available to designated libraries within one week of publication. This period is extended to twenty days in New Zealand and may not exceed one month in Australia and the United Kingdom. In China, a sample of an electronic work must be sent to the National Library and archived prior to publication. Violation of these rules will be punishable by fines (see, for example, Estonia, France, Spain). (The Internet Memory Foundation, a non-profit organization based in France and the Netherlands, is not covered by mandatory delivery legislation.) While most countries require publishers to file electronic filings free of charge, regulations in Japan, the Netherlands and South Korea allow publishers to be reimbursed for the costs associated with filing electronic publications.

Access to archived documents and the full-text index takes place only on the premises of libraries of legal deposit copies. It is possible to check from anywhere if a website or document has collected a specific URL (and which versions are available). Although it is not part of the legislation, there are practices for deleting documents from the web archive. Practices may vary; Removal of illegal material and occasionally, upon request, documents that were never intended to be publicly available on the Web. Also available at: www.loc.gov/law/help/digital-legal-deposit/digital-legal-deposit.pdf. The following member countries use authorization, fair use or deactivation systems to collect web archives. Many expect mandatory filing legislation: This report, prepared by staff of the Global Directorate of Legal Research at the Law Library of Congress, provides an overview of the laws governing the mandatory deposit of electronic material. Fifteen countries that have different approaches to collecting, describing, storing, storing and providing access to digital and non-printed materials are included in the study.