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Agency for the Legal Deposit Libraries


USER ACCESS

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USER ACCESS

Under legal deposit, websites and deposited electronic publications are not
accessible for at least seven days after they are deposited or harvested. After
then, they may be made available to users of the legal deposit libraries.


WHERE IS DEPOSITED CONTENT MADE AVAILABLE?

The Legal Deposit Libraries Act 2003 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', and the Legal Deposit Libraries
(Non-Print Works) Regulations 2013 set out the terms on which works may be
displayed for readers 'on library premises controlled by the deposit library'.

This means that deposited works may not be made available online externally,
including for readers logging in remotely. They can only be viewed on the
premises of the six deposit libraries defined in clause 14 of the Act and, for
legal publications, the library of the Faculty of Advocates.

The Secretary of State has confirmed that 'these Regulations do not unreasonably
prejudice the interests of persons who publish works to which these Regulations
relate'. Relevant considerations include the scope (i.e. number and spread) of
locations in which deposited material may be used, and the security arrangements
governing access in those locations. In connection with these, if in future any
change is proposed that a member of the Joint Committee on Legal Deposit regards
as unreasonably prejudicing publishers' interests, the Joint Committee will
discuss the proposals in accordance with the dispute resolution process and, if
appropriate, ask the Secretary of State to review the 2013 regulations.


CAN ONLINE USERS OUTSIDE THE LIBRARY SEARCH THE LIBRARY CATALOGUES FOR DEPOSITED
CONTENT?

Yes, online users are able to search catalogue records and identify deposited
content, but the content itself is only accessible within the premises of the
legal deposit libraries.


HOW IS DEPOSITED CONTENT MADE AVAILABLE?

The 2013 regulations stipulate that 'A deposit library must ensure that only one
computer terminal is available to readers to access the same relevant material
at any one time'. This is not intended to restrict the use of all legal deposit
material to a single computer terminal in each deposit library, but rather to
displaying the same individual work on just one screen at a time — i.e. for one
reader at a time — within each legal deposit library.

For handheld publications, concurrent access is suitably restricted by the
physical medium on which it is carried, such as a CD-ROM, memory card or
microfilm.

For other electronic publications, the demarcation of an individual work or
'same relevant material' will normally be determined by the manner in which it
is published for users, and received on deposit. For example an electronic book
may be published either as a single work, or chapter by chapter. Where relevant
material is published — and therefore harvested or deposited — as a single
composition, the deposit libraries will not deconstruct it into separate
elements for the purposes of displaying the parts on different screens for more
readers to use it. Equally, where relevant material is published at a more
granular level, the deposit libraries will not aggregate the separate elements
in order to construct an artificial work. For example, concurrent access in the
case of an electronic journal that is published as a single issue containing a
number of articles would be controlled at the level of that issue; but
concurrent access for an electronic journal that is published on an article by
article basis would be controlled at the level of an individual article.

Where the demarcation of 'same relevant material' is not immediately apparent,
the deposit libraries will construe it as the file or group of files needed to
communicate a particular subject matter in a complete, cohesive and intelligible
way, subject to a technical means of delineating this. For web-based material,
this would normally mean the web page (such as a news article) that would be
displayed when the user follows a link or enters a URL. This would include
embedded ('transcluded') content that displays within the same tab or window as
its contextual material. But an embedded or linked file whose content, when
opened, displays in a separate tab or window would normally be treated as a
separate item.


CAN LIBRARY USERS COPY DEPOSITED CONTENT?

Digital copying is not permitted.

The 2013 regulations permit users to print out one copy of a reasonable portion
of any deposited work, for non-commercial research or other defined purposes
such as criticism and review or journalism; extra copies may be printed for use
in court proceedings or statutory enquiries.


HOW CAN WE HELP?

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placed on publishers to deposit.
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Agency for the Legal Deposit Libraries is a registered Scottish charity:
Scottish charity number: SC040300
Company Registration Number: SC348650

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