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Adrienne Muir - One of the best experts on this subject based on the ideXlab platform.
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Publishers, Legal Deposit and the changing publishing environment.
Electronic Legal Deposit, 2019Co-Authors: Adrienne MuirAbstract:UK publishers have always had mixed attitudes to Legal Deposit. This chapter focuses on electronic Legal Deposit in the UK from the perspective of publishers, providing some assessment of what the impact on publishers has been in the relatively short time electronic Legal Deposit has been in existence, and the role of Legal Deposit in a dynamic digital environment.
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Legal Deposit of digital publications
2005Co-Authors: Adrienne MuirAbstract:Legal Deposit is an obligation to Deposit publications with specified Depositories. The purpose of Legal Deposit is to preserve and provide long-term access to the national intellectual heritage. Extending Legal Deposit to digital publications presents many challenges for the framing of legislation, selection and acquisition of material, preservation and provision of access. The aim of this research was to: explore the potential issues related to the extension of UK Legal Deposit to digital publications and identify the implications for existing Legal Deposit arrangements. The research was based on Soft Systems Methodology. Data was gathered through two rounds of interviews with stakeholder groups, including Legal Deposit libraries, publishers, government and technical experts. Preservation is accepted as the main purpose of Legal Deposit, but there is some tension and lack of trust between publishers and Legal Deposit libraries on access to Legal Deposit collections. The new UK Legal Deposit law is enabling only; implementation will require further regulations that will be subject to detailed consultation and negotiation. While there has been a voluntary scheme in place for some time in the UK, the research found a lack of readiness amongst the UK Legal Deposit libraries. They still had to develop cooperative arrangements between themselves and publishers; policies, procedures, especially for online publications; and did not have all the necessary technical infrastructure in place. The Deposit of digital publications is an extra role for Legal Deposit libraries and it is not clear that they will receive extra funding, as is the case in some other countries. There is currently no full-scale fully functional digital Legal Deposit system in the world. However, there are lessons to be learned from other Legal Deposit libraries and research and development work is providing partial solutions. The key issues are the need for communication and collaboration between UK Legal Deposit libraries and cooperation and trust between Legal Deposit libraries and publishers. Developments since the research was carried out demonstrate some progress in this. Without these, digital Legal Deposit cannot be successfully implemented in the UK. There is also a need to look at what the users require in terms to material collected and how it is preserved.
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Legal Deposit and Preservation of Digital Publications: A Review of Research and Development Activity.
Journal of Documentation, 2001Co-Authors: Adrienne MuirAbstract:The aim of Legal Deposit is to ensure the preservation of and access to a nation’s intellectual and cultural heritage over time. There is a global trend towards extending Legal Deposit to cover digital publications in order to maintain comprehensive national archives. However, including digital publications in Legal Deposit regulations is not enough to ensure the long‐term preservation of these publications. Indeed, there are many practical difficulties associated with the entire Deposit process. Conceptsm, principles and practices that are accepted and understood in the print environment, such as publication, publisher, place of publication and edition, may have new meanings or no longer be appropriate in a networked environment. Mechanisms for identifying, selecting and Depositing digital material either do not exist or are inappropriate for some kinds of digital publication. There is a great deal of work on developing digital preservation strategies; this is at an early stage. National and other Deposit libraries are at the forefront of research and development in this area, often in partnership with other libraries, publishers and technology vendors. Most of this activity is of a technical nature. There is some work on developing policies and strategies for managing digital resources. However, not all management issues or users’ needs are being addressed.
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Legal Deposit of digital publications a review of research and development activity
ACM IEEE Joint Conference on Digital Libraries, 2001Co-Authors: Adrienne MuirAbstract:There is a global trend towards extending Legal Deposit to include dig ital publications in order to maintain comprehensive national archives. However, including digital publications in Legal Deposit regulation is not enough to ensure the long-term preservation of these publications. Concepts, principles and practices accepted and understood in the print environment, may have new meanings or no longer be appropriate in a networked environment. Mechanisms for identifying, selecting and Depositing digital material either do not exist, or are inappropriate, for some kinds of digital publication. Work on developing digital preservation strategies is at an early stage. National and other Deposit libraries are at the forefront of research and develop in this area, often working in partnership with other libraries, publishers and technology vendors. Most work is of a technical nature. There is some work on developing policies and strategies for managing digital resources. However, not all management issues or users needs are being addressed.
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JCDL - Legal Deposit of digital publications: a review of research and development activity
Proceedings of the first ACM IEEE-CS joint conference on Digital libraries - JCDL '01, 2001Co-Authors: Adrienne MuirAbstract:There is a global trend towards extending Legal Deposit to include dig ital publications in order to maintain comprehensive national archives. However, including digital publications in Legal Deposit regulation is not enough to ensure the long-term preservation of these publications. Concepts, principles and practices accepted and understood in the print environment, may have new meanings or no longer be appropriate in a networked environment. Mechanisms for identifying, selecting and Depositing digital material either do not exist, or are inappropriate, for some kinds of digital publication. Work on developing digital preservation strategies is at an early stage. National and other Deposit libraries are at the forefront of research and develop in this area, often working in partnership with other libraries, publishers and technology vendors. Most work is of a technical nature. There is some work on developing policies and strategies for managing digital resources. However, not all management issues or users needs are being addressed.
Richard Gibby - One of the best experts on this subject based on the ideXlab platform.
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Observations on the development of non‐print Legal Deposit in the UK
Library Review, 2012Co-Authors: Richard Gibby, Caroline BrazierAbstract:Purpose – The process of developing and implementing UK legislation for the Legal Deposit of electronic and other non‐print publications has been lengthy and remains incomplete, although the Government has consulted on draft regulations for implementation in 2013. The purpose of this paper is to provide a short account of progress and review the experience, analysing several factors that have influenced the legislative process and helped shape the proposed regulations. It summarises the regulatory and non‐regulatory steps taken by the UK Legal Deposit libraries to address the legitimate concerns of publishers and describes some of the practical implications of implementing Legal Deposit for non‐print publications.Design/methodology/approach – The paper draws upon the personal experiences of the authors, who have been directly involved in the legislative process and negotiations with publishers and other stakeholders.Findings – The paper provides new information and a summary of key issues and outcomes, wi...
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observations on the development of non print Legal Deposit in the uk
Library Review, 2012Co-Authors: Richard Gibby, Caroline BrazierAbstract:Purpose – The process of developing and implementing UK legislation for the Legal Deposit of electronic and other non‐print publications has been lengthy and remains incomplete, although the Government has consulted on draft regulations for implementation in 2013. The purpose of this paper is to provide a short account of progress and review the experience, analysing several factors that have influenced the legislative process and helped shape the proposed regulations. It summarises the regulatory and non‐regulatory steps taken by the UK Legal Deposit libraries to address the legitimate concerns of publishers and describes some of the practical implications of implementing Legal Deposit for non‐print publications.Design/methodology/approach – The paper draws upon the personal experiences of the authors, who have been directly involved in the legislative process and negotiations with publishers and other stakeholders.Findings – The paper provides new information and a summary of key issues and outcomes, wi...
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National Implementations of Legal Deposit
Alexandria: The Journal of National and International Library and Information Issues, 2012Co-Authors: Andy Stephens, Richard GibbyAbstract:INTRODUCTIONThe most essential task of national libraries, and the one which more than any other makes them what they are, is that they are responsible for acquiring, preserving and making accessible the publications (of all kinds) of the country. It follows that Legal Deposit - the objective of which is to build a collection of the national literature - must be of fundamental importance for national libraries.Therefore it will come as no surprise that the issues surrounding the extension of Legal Deposit to encompass the new forms of non-book publication in the digital age have been a major preoccupation of the Conference of Directors of National Libraries (CDNL), an independent association of chief executives of national libraries, established to facilitate discussion and promote understanding and cooperation on matters of common interest worldwide. The Vision for the Global Digital Library of CDNL1 states:'Our long-term vision is the development of a global distributed digital library - comprehensive, open, seamlessly-connected, and universally accessible on the internet - giving ready access to library materials in the collections of all the national libraries of the world in the interests of scholarly research, education and lifelong learning, innovation and economic development, and the promotion of international understanding'.Dame Lynne Brindley, the former Chief Executive of the British Library and Vice Chair of CDNL, has written of the 'danger of creating a digital black hole for future historians and writers' unless urgent action is taken to preserve websites and other digital records 'to ensure that our digital future can be a rich goldmine and not a void' (Brindley, 2009).A paper by the present authors (Stephens and Gibby, 2011) summarized the findings of a previous international survey of national libraries undertaken in 2009 to determine the extent of national implementations of electronic Legal Deposit. In summary, the findings of that survey were as follows:* Twenty-six (74%) of thirty-five respondents reported that e-Legal Deposit legislation had been passed and implemented at least for offline publications* A further two respondents (6%) expected legislation to be in place by 2010* In six countries (18% of respondents) e-Legal Deposit legislation had not been passed and was not in process.* Thirteen respondents (37%) were able to collect free online material* The same thirteen were also entitled to collect e-books, e-journals and other commercial online publications under the same legislation. (A further two respondents anticipated legislation to permit this in 2010.)* The permitted access arrangements to Deposited e-publications that were reported by respondents were generally more generous than those proposed for the UK.In 2011, CDNL commissioned the authors to undertake a further international survey, broader in terms both of geographical coverage and also of scope. The purpose of this latter survey was twofold:* to establish the current state of Legal Deposit, or equivalent arrangements, in all national libraries participating in the Conference of Directors of National Libraries including both the extent of Legal Deposit coverage and also how the Deposited material may be used; and* to identify any key lessons or principles which could be used for advocacy or to inform planning with regard to Legal Deposit.This paper reports the findings of the 2011 international survey.SURVEY BACKGROUNDIn March 2011, the British Library conducted a survey of national libraries, to establish the current state of Legal Deposit, or equivalent arrangements in all national libraries participating in CDNL. A questionnaire, reproduced in Appendix 2, was issued to all members of CDNL. A total of fifty-five responses were received.The respondents to the survey are listed in Appendix 1. An analysis of the 2011 survey responses by geographic area and compared with the 2009 responses is shown in Table 1. …
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National Implementations of Electronic Legal Deposit
Alexandria: The Journal of National and International Library and Information Issues, 2011Co-Authors: Andy Stephens, Richard GibbyAbstract:INTRODUCTIONThe most essential task of national libraries, and the one which more than any other makes them what they are, is that they are responsible for acquiring, preserving and making accessible the publications (of all kinds) of the country. Therefore it follows that Legal Deposit - the objective of which is to build a collection of the national literature - must be of fundamental importance for national libraries. The Vision for the Global Digital Library of the Conference of Directors of National Libraries (CDNL) states:Our long-term vision is the development of a global distributed digital library - comprehensive, open, seamlessly-connected, and universally accessible on the internet - giving ready access to library materials in the collections of all the national libraries of the world in the interests of scholarly research, education and lifelong learning, innovation and economic development, and the promotion of international understanding.1Dame Lynne Brindley, the Chief Executive of the British Library and Vice Chair of CDNL has written of the 'danger of creating a digital black hole for future historians and writers' unless urgent action is taken to preserve websites and other digital records 'to ensure that our digital future can be a rich goldmine and not a void'.2This paper sets out the current position regarding the Legal Deposit of non-print works in the UK. It also summarizes the findings of an international survey of national libraries undertaken in 2009 to determine the extent of national implementations of electronic Legal Deposit.e-Legal Deposit IN THE UNITED KINGDOMUK Legal Deposit Libraries Act 2003Legal Deposit in the UK is governed by the Legal Deposit Libraries Act 20033, which was given royal assent on 30 October 2003 and implemented with effect from 1 February 2004. This reaffirmed earlier provisions in the Copyright Act 1911 for the Legal Deposit of printed publications at six libraries: the British Library, the Bodleian Library in Oxford, Cambridge University Library, the National Library of Scotland (including the transmission of law publications to the Faculty of Advocates Library in Edinburgh), the National Library of Wales, and the library of Trinity College in Dublin. The inclusion of a library that is in the Republic of Ireland might appear anomalous, but the right of Trinity College to claim one copy of every publication printed or distributed in the UK dates back to 1801 and is now part of reciprocal arrangements in which the UK Legal Deposit libraries also receive copies of Irish publications.The Act's most significant innovation was to give powers to the Secretary of State for Culture, Media and Sport to make regulations which extend the Deposit obligation to non-print publications, including digital publications on handheld media such as disks, CDs or DVDs, and material that is made available on the Internet. Thus the Legal Deposit Libraries Act 2003, as primary legislation, does not itself bring Legal Deposit of electronic publications into effect, but it provides a framework within which this can be achieved through secondary legislation.The reason for adopting this approach was perceived to be its flexibility; thus new regulations could be made for each category of publication, tailored for different circumstances, at any time in the future, and without the need for enacting new or revised primary legislation. To permit such flexibility, the Act deliberately avoided making detailed statements about the form or content of such regulations, but it did define a few important parameters:* Recorded sound and film are excluded from Legal Deposit, except where they are merely incidental to the main content. This was because separate voluntary arrangements were already in place for the National Sound Archive (incorporated within the British Library) and the British Film Institute;* Regulations may not be passed without consulting relevant stakeholders, especially the libraries, publishers and rights holders that are likely to be affected by them;* The impact of regulations must not be 'disproportionate to the benefit to the public', nor 'unreasonably prejudice' publishers' interests;* Material can only be used (that is read, copied, adapted, lent, transferred or disposed of) in ways that are specified within the regulations;* Material Deposited under regulation will benefit from certain Legal protections against copyright infringement and in the case of defamation;* The Act defines a reader as 'a person who, for the purposes of research or study and with the permission of a Deposit library, is on library premises controlled by it'. …
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Electronic Legal Deposit in the United Kingdom
New Review of Academic Librarianship, 2008Co-Authors: Richard Gibby, Andrew GreenAbstract:The Legal Deposit Libraries Act 2003 introduced for the first time in the United Kingdom a statutory basis for the collection by the Legal Deposit libraries of non-print, principally electronic, publications. Since the establishment of the Legal Deposit Advisory Panel in 2005, progress has been made in starting to turn this enabling act into reality, through a mixture of voluntary codes and statutory regulation. Work so far has concentrated on three categories of materials, offline, “free Web,” and electronic periodicals, and on the conceptual division of the remainder of the universe of electronic publications. Electronic Deposit introduces several issues not present in print Deposit and new dimensions to more familiar issues, including detailed involvement of the publisher in setting up the Deposit process, “territoriality” (the place of publication), electronic user access, digital rights management, digital preservation, and data protection.
Tülay Fenerci - One of the best experts on this subject based on the ideXlab platform.
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The Origins of Legal Deposit in Turkey
Library History, 2008Co-Authors: Tülay FenerciAbstract:AbstractThe emergence of the idea of Legal Deposit in its cultural context in Turkey can be traced back to the Ottoman era, prior to the Republic. The Ottoman reforms launched to westernize and modernize the state brought striking changes in both the social and cultural spheres. This transformation played an important role in the introduction of Legal Deposit. Legal Deposit was at first considered and utilized for controlling the activities of printing presses and publications within the framework of Legal arrangements. Later, the cultural function of Legal Deposit was more fully recognized and it became an important subject of discussion. The aim of this study is to examine the emergence of Legal Deposit, its meaning and its conceptual transformation, in light of the introduction of the printing press in the country and subsequent reforms in the areas of education and administration.
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Historical development of Legal Deposit system in Turkey
Government Information Quarterly, 2008Co-Authors: Tülay FenerciAbstract:Abstract Legal Deposit is essential for the accumulation of a national collection of published works such as scientific research, literature, etc., and its transfer to future generations. It is also a vital tool for maintaining bibliographic control at both the national and the international level. Hence, there is an international convention to establish a Legal Deposit system that works under legislative arrangements. However, a Legal Deposit law does not always guarantee a full implementation. The fact is, unless coordination and cooperation are provided between stakeholders, implementation of Legal Deposit cannot be effective. This paper, taking Turkey as an example, attempts to examine the problems concerning implementation of Legal Deposit and proposes solutions in this context.
Zawedde Nsibirwa - One of the best experts on this subject based on the ideXlab platform.
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Staff education and the preservation of Legal Deposit materials in South Africa
2015Co-Authors: Zawedde NsibirwaAbstract:This article investigates what policies and procedures are used, as well as the role of staff education in the preservation of Legal Deposit in South Africa, with a view to establishing challenges faced and proposing appropriate recommendations. Professional library staff, drawn from four Legal Deposit libraries and three official publication Depositories were surveyed. It was found that none of the respondents had training in the field of preservation/archival management. One of the main challenges was that budgets covered only Legal Deposit staff salaries and not preservation activities. Preservation activities are thus hindered which in turn affects development, as poor or no preservation management results in a lack of access to accurate and relevant information.
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Building the nation through Legal Deposit : examining the legislation
2014Co-Authors: Zawedde NsibirwaAbstract:The preservation and access of our cultural heritage is dependent on an appropriate legislative framework and implementation of the law. This paper briefly examines the history of Legal Deposit and then critiques the South African Legal Deposit Act 54 of 1997, 20 years after it was enacted by the South African Parliament. This paper identifies the various aspects of the Act that have been implemented as well as the gaps that may have created various challenges affecting the present situation concerning activities and strategies used to preserve and access Legal Deposit materials in South Africa. A review of the literature and a survey of Legal Depositories conducted in 2012 found that Depositories lack policies to help implement legislation. Implementation requires appropriate legislation together with policies, regulations, guidelines and fully functional processes. A comparison of the Legal Deposit Act 2003 of the United Kingdom and the South African Legal Deposit Act was undertaken to see whether certain aspects of legislation can be adapted from the United Kingdom since policy issues, gaps and challenges have been identified.
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Building the South African Nation through Legal Deposit: The Impact of Legislation on Preservation of Digital Materials
African Journal of Library Archives and Information Science, 2014Co-Authors: Zawedde Nsibirwa, Ruth Hoskins, Christine StilwellAbstract:The Legal Deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to Legal instruments affecting the Legal Deposit of digital materials in South Africa. Two main objectives of the study upon which this article is based were to find out the systems in place to help collect and ensure long term accessibility to print and electronic publications. This included the examination of the legislative regulatory and policy framework relating to preservation and access to Legal Deposit materials. The different legislations reviewed included the Legal Deposit Act No. 54 of 1997, copyright laws, the Promotion of Access to Information Act No 2, 2000 and the current Protection of State Information Bill of South Africa. Four Legal Deposit libraries and three Official Publications Depositories (OPDs) were the units of analysis, with a population of 17 staff directly involved with Legal Deposit. The survey revealed that though the South African Legal Deposit Act covers electronic materials, majority of the Depositories did not have policies to manage or collect these types of materials. The greatest challenge that comes with collecting and preserving electronic materials are the multifaceted issues regarding legislation, as well as the preservation of technology used to create, store and access these records in comparison with paper.
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The effects of climate change in preserving the past and enhancing the future of Legal Deposit in South Africa
2013Co-Authors: Zawedde Nsibirwa, Ruth Hoskins, Christine StilwellAbstract:With the current problems of global warming and climate change, preservationists are applying green construction principles to Depositories and archival facilities (Henry 2008:3; Kim 2008; Nsibirwa 2012:73). Collections stewards, architects and engineers face design challenges to reduce greenhouse gas emissions and develop an adaptive response to climate trends (Henry 2008:3). A 2012 study by Nsibirwa (2012) of the preservation of, and access to, Legal Deposit materials found that climate change can affect the buildings that are the most important source of security to the materials stored in them. One of the objectives of the doctoral study on which the article is based, was to find out what activities and strategies are used to preserve the materials, as well as to provide a way forward in the preservation of South Africa's cultural heritage. The units of analysis in this study were four Legal Deposit libraries and three official publications Depositories. In this study the population comprised a total of 17 members of staff: three heads of libraries and 14 librarians. The survey of Legal Depositories found that preservation activities are generally underdeveloped as a result of various factors, including insufficient funding. Yet, there is a greater need than ever for preservation, since predictions are that temperatures, rising seas, rainfall and flooding will continue to increase due to climate change and global warming. These conditions will lead to a shift in approaches to preservation, including looking at what poses the greatest threat when it comes to climate change. The study found that Depositories may need to revert to some ancient as well as new sustainable approaches to offset the effects of climate change. The article puts forward a number of practical solutions to ensure that the environment in which materials are kept, is suitable.
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Access to Information Through Legal Deposit Libraries in South Africa: Some Issues of Concern
ESARBICA Journal: Journal of the Eastern and Southern Africa Regional Branch of the International Council on Archives, 2011Co-Authors: Zawedde Nsibirwa, Ruth Hoskins, Christine StilwellAbstract:Legal Depositories in South Africa are intended to ensure that the sources of the country‟s heritage are collected, controlled bibliographically, preserved and made accessible for present and future generations. The guarantee of access to Legal Deposit materials depends on a number of factors affecting Legal Deposit libraries in South Africa. These factors include implementation of the Legal Deposit Act, other legislation affecting access to Legal Deposit, collection and preservation of materials and methods of accessing the materials. Access has changed as a result of opportunities for access motivated by human rights and freedom of information considerations. In a democratic South Africa, the South African Bill of Rights Act 108 of 1996 gives everyone the right of access to information placing more demands on records in whatever form and their curators. However, the range of freedom of access to information symbolic of liberation from apartheid is under threat with the draft of the current Protection of Information Bill that has been put before parliament. Technological developments are examined including how they affected operational practices and procedures associated with collecting, preserving and accessing cultural heritage, however South Africa like many other countries is hindering access to many electronic documents since online documents are not currently being collected and preserved. Keywords: Legal Deposit, Access, Preservation, South Africa
Andrew Green - One of the best experts on this subject based on the ideXlab platform.
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Introducing Electronic Legal Deposit in the UK: A Homeric Tale
Alexandria: The Journal of National and International Library and Information Issues, 2012Co-Authors: Andrew GreenAbstract:One of the greatest of Lynne Brindley's achievements during her twelve years in charge of the British Library was to remain steadfastly true to the Library's aim, shared with the other UK copyright libraries, of extending the law of Legal Deposit to encompass publications in digital form. This article casts a retrospective and sometimes rueful eye on the whole process of achieving this legislation, and another eye to the future, in an attempt to identify some of the critical factors that underlie electronic Legal Deposit in Britain and that will influence its further development.
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Electronic Legal Deposit in the United Kingdom
New Review of Academic Librarianship, 2008Co-Authors: Richard Gibby, Andrew GreenAbstract:The Legal Deposit Libraries Act 2003 introduced for the first time in the United Kingdom a statutory basis for the collection by the Legal Deposit libraries of non-print, principally electronic, publications. Since the establishment of the Legal Deposit Advisory Panel in 2005, progress has been made in starting to turn this enabling act into reality, through a mixture of voluntary codes and statutory regulation. Work so far has concentrated on three categories of materials, offline, “free Web,” and electronic periodicals, and on the conceptual division of the remainder of the universe of electronic publications. Electronic Deposit introduces several issues not present in print Deposit and new dimensions to more familiar issues, including detailed involvement of the publisher in setting up the Deposit process, “territoriality” (the place of publication), electronic user access, digital rights management, digital preservation, and data protection.