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28 2000

COPYRIGHT AND RELATED RIGHTS ACT, 2000

Chapter 22

Deposit of Certain Copyright Materials

Delivery of certain materials to libraries.

198. —(1) The publisher of any book first published in the State after the commencement of this section or, in the case of the authority specified in paragraph (a), the publisher of any book published in the State, shall, within one month after the publication, deliver, at his or her own expense, a copy of the book to each of the following—

(a) the authority having control of the National Library of Ireland,

(b) the authority having control of the library of Trinity College, Dublin,

(c) the authority having control of the library of the University of Limerick,

(d) the authority having control of the library of Dublin City University, and

(e) the Board of the British Library,

and four copies of the book for or in accordance with the directions of the authority having control of the National University of Ireland for use in the four constituent universities of that University.

(2) Boards and authorities taking delivery of books under subsection (1) shall give a written receipt for every book delivered to them under that subsection.

(3) The Minister may, on an application of a Board or authority referred to in subsection (1), make regulations exempting from subsection (1) in respect of the Board or authority making the application, publications wholly or mainly in the nature of trade advertisements, or any class of work as may be specified in those regulations, and it shall not be necessary for the publisher of any publication so excepted to deliver the publication to that Board or authority or for such Board or authority to give a receipt unless as respects any particular publication a written demand for the delivery of that work is made by the Board or authority concerned.

(4) The Boards or authorities referred to in subsection (1) may before delivery of a book is made under subsection (1), request that a book be delivered in a particular form, being one of the forms in which the book is published and the publisher shall deliver it in the form requested.

(5) The publisher of any book first published in the State after the commencement of this section shall, where a demand is made in writing by the authority having control of each of the following libraries—

(a) the Bodleian Library, Oxford,

(b) the University Library, Cambridge,

(c) the National Library of Scotland, and

(d) the National Library of Wales,

before the expiration of 12 months after the book is published, deliver within one month after receipt of that written demand or, where the demand was so made before the book was published, within one month after publication, to an address in Dublin named in the demand a copy of that book for, or in accordance with the directions of, that authority.

(6) In the case of an encyclopaedia, newspaper, review, magazine or work published in a series of numbers or parts, the written demand referred to in subsection (5) may include all numbers or parts of the work which may subsequently be published.

(7) A copy of a book delivered to the authority having control of the National Library of Ireland or the Board of the British Library pursuant to this section shall be a copy of the whole book with all maps and illustrations belonging to that book and, subject to subsection (4), finished in the same manner as the copy in that form which is superior in quality to any other copy in that form of the book available.

(8) A copy of a book delivered to any of the authorities referred to in this section, other than those referred to in subsection (7), pursuant to this section, shall be in the form specified by the Board or authority, which shall be one of the forms in which the book has been published, and shall be in like condition as that form of the book.

(9) Where a publisher fails to comply with this section he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 and in addition the person shall be liable to be ordered to comply with this section.

(10) For the purposes of this section, “book” includes every part or division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan, chart or table separately published, but shall not include any second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress or in the maps, plans, prints or other engravings belonging thereto.

(11) Where a copy of a book requested under subsection (1) is delivered in a form other than an electronic form, the Board or other authorities referred to in subsection (1) may request, in addition to that copy, a copy in an electronic form readable by means of an electronic retrieval system and on such request being made a copy in electronic form shall be delivered by the publisher to the Board or authority concerned.

(12) For the purposes of this section, “publication”, in relation to a book—

(a) means the issue of copies to the public, and

(b) includes its making available to the public by means of an electronic retrieval system,

and related expressions shall be construed accordingly.