Wskazówki IFLA

Swoje wskazówki legislacyjne w zakresie egzemplarza obowiązkowego przedstawiła IFLA w dokumencie "Guidelines for Legal Deposit Legislation".

Podstawowe zasady

  • Legal deposit should be a statutory obligation. While feasible, a voluntary deposit system is not recommended.
  • Legal deposit should be established as a national responsibility. This principle should not prevent other jurisdictions within the national entity from developing their own internal legal deposit system if they have the legislative power to do so.
  • The national deposit collection should be the property of the state, and the depository should make every possible effort to keep the material received on deposit, considering its preservation responsibility.
  • Legal deposit should be based on the principle that any published material, in its broadest sense, that is made available to the public is subject to deposit unless specifically excluded in the law.
  • No compensation, financial or otherwise, should be granted to depositors.
  • Access to legal deposit collections should be free, both on the premises and through interlibrary loans. The request of reasonable administrative fees should not be considered as a breach of this principle.
  • The copyright act might need to be amended in order to allow reproduction of protected work for long-term preservation purposes. The derogation clause, while always feasible, is not recommended.

Źródło: IFLA [dostęp 4.06.2010]

Ustawodawstwo

  • The legislation could be a separate legal deposit law or part of another law, such as the national library act. If it is decided to make the legislation part of the copyright act, it should be made clear that there is no direct link between the deposit of copies and the granting of copyright.
  • The act should reflect all basic principles.
  • The objectives of legal deposit should be clearly stated in the law.
  • The law requiring legal deposit should be enforceable and include a fine structure for non-compliance.
  • The language of the law should be clear, accurate, concise and easy to read. Ambiguity and vagueness should be avoided.
  • The law should include clear definitions of the terms used in order to ensure that the intent of the legislator is understood.

Źródło: IFLA [dostęp 4.06.2010]

Publikacje elektroniczne

  • Off-line and on-line electronic publications should be subject to legal deposit and should be deposited along with all appropriate accompanying material including proper software.
  • Dynamic on-line electronic publications (i.e. the ones kept up-to-date on an ongoing basis) should also be subject to legal deposit. The deposit could be handled through a "snapshot" deposit on a regular basis and when the title ceases to be published/produced. The first version of a dynamic on-line electronic publication should always be deposited. Databases made up of unorganized or unedited data should not be an object of legal deposit.
  • The legislation should include provisions to ensure that registered users of the national legal deposit agency have access to the electronic material deposited.
  • To avoid abuse of the free access provided through the national legal deposit agency, access should be limited; however, publishers/producers should be required to permit a limited number of concurrent users.
  • As for audio-visual material, there may be a need to amend national copyright laws to permit the national legal deposit institution to download, and therefore reproduce, electronic publications for legal deposit purposes.

Źródło: IFLA [dostęp 4.06.2010]

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