Consultation-digital-legal-deposit-2011-guidance - 图文

Department for Culture, Media and Sport 33 Consultations on Digital Legal Deposit – Guidance Document

Annex A: Questionnaire

We are seeking your views on the draft Regulations and impact assessments for non print legal deposit. Specifically we would appreciate your responses to the following questions. These questions can be answered on line14 Question Number 1 Question Will these Regulations provide for a meaningful national archive of non-print publications to be deposited with the Legal Deposit Libraries? Please provide an answer for each category: 1. Off line publications, 2. On line publications which are free of charge and without access restrictions, 3. On line publications which are subject to a charge or access restrictions If not why not? Please provide reasons and evidence. 2 Draft Regulations - Introduction Regulation 2(3) – The Regulations are intended to cover all types of non-print publications. Do you agree with this approach? If not, why not? Please provide reasons and evidence. 3 Regulation 2(3) – The Regulations provide some illustrative examples of the types of non-print publication which are covered. Are there any other examples of non-print publication which should be that should be expressly included? Please list them. Do you foresee any difficulties with the definitions which we have used? If so, please give reasons and evidence. Please suggest an alternative. 4

Regulation 2(3)

14

Access the online form at http://www.culture.gov.uk/consultations/7449.aspx

Page 33 of 55

Should we include the following in the Regulations: Off line publications? On line publications which are not subject to any access restrictions and which are freely available? On line publications which are there is a charge or which is subject to public access restrictions? Electronic publications which comprise material packaged and filtered in response to an enquiry from a user? If not, why not? Please provide reasons and evidence. 5 Draft Regulation - Deposit Regulation5(2) – When substantially the same work is published in both print and non-print, the Regulations must provide that the medium for delivery is print unless an alternative medium has been agreed between the publisher and the Legal Deposit Library. Are there any consequences that make this impracticable? If so what are they? Please provide reasons and evidence. 6 Regulation5(2) – The Regulations do not make provision as to the circumstances in which works are or are not to be regarded as substantially the same for these purposes as we think that this will depend on the nature of the work and will evolve over time. We also consider that this is an issue which the Legal Deposit Libraries and the publishers can and should agree between themselves. Do you agree? If not, please provide reasons and suggest how: (a) the Regulations or (b) the Guidance should address this. Please provide evidence. 7 Regulation 5(3) – When substantially the same work is published in more than one medium i.e. a word document or a pdf, the Regulations provide that the medium of delivery shall be agreed between the publisher and the legal deposit library. However, the Legal Deposit Libraries Act 2003 stipulates that we must make it clear in the Regulations which medium prevails. Therefore, the Regulations provide that if the publisher and the legal deposit library cannot reach agreement, it is up to the publisher to decide in which medium they should deposit the work. Are there any consequences that make this impracticable? If Page 34 of 55

Department for Culture, Media and Sport 35 Consultations on Digital Legal Deposit – Guidance Document

so what are they? Please provide reasons and evidence. 8 Regulation 5(3) – The Regulations do not make provision as to the circumstances in which works are or are not to be regarded as substantially the same for these purposes as we think that this will depend on the nature of the work and will evolve over time. We also consider that this is an issue which the Legal Deposit Libraries and the publishers can and should agree between themselves. Do you agree? If not, please provide reasons and suggest how: (a) the Regulations or (b) the Guidance should address this. Please provide evidence. 9 Regulation 13 – The quality of non-print work should be agreed between the Legal Deposit Libraries and the publisher and should be the most suitable for preservation purposes. If agreement cannot be reached the publisher will decide upon the quality of works to be deposited. Do you consider this the most appropriate approach? If not what do you suggest and why? Please provide evidence. 10 ? Regulation 14 - This covers on line publications which are available free of charge and which are not subject to any public access restrictions. These publications must be delivered as soon as reasonably practicable after a request from a legal deposit library. Publishers will only have to deposit once with the requesting legal deposit library and will not have to send copies to the other legal deposit libraries. Do you agree with this approach? If not, please provide reasons and any suggestions you may have for an alternative approach. Please provide evidence. Regulation 17 – This covers on line publications for which there is a charge or which are subject to public access restrictions. These publications must be delivered within three months of a request from a deposit library unless the request specifies delivery within a period exceeding three months but within the period specified. As indicated in the Guidance, we included the possibility of a period longer than three months in order to accommodate those publishers who may need more than three months in order to meet this obligation Regulation 18- Publishers will only have to deposit once with the requesting legal deposit library and will not ? ? 11 ? ? ? Page 35 of 55

have to send copies to the other legal deposit libraries. ? Do you agree with this approach and are these timings practical? If not, please provide reasons and any suggestions you may have for an alternative approach? Please provide evidence. Regulation 19 – A request for deposit must be made in writing (whether sent by web harvester or other means). Are there any consequences that make this impracticable? If so what are they? Please provide evidence. 13 Regulation 21 – This covers both on line publications for which there is a charge or which are subject to a public access restriction and also on line publications which are available free and which are not subject to any public access restriction. The regulation provides that the quality of the deposited work should be agreed between the legal deposit library and the publisher and should be the quality most suitable for preservation purposes. The regulation also provides that if agreement cannot be reached the publisher will decide upon the quality of the work to be deposited. Do you consider this the most appropriate approach? If not what do you suggest and why? Please provide evidence. 14 ? Draft Regulations - Permitted Activities Providing access to the relevant material Regulation 23 - This provides that access to the same non-print work is restricted to one display terminal at any one time in each of the Legal Deposit Libraries. Therefore the same non-print work can only be viewed on a maximum of six display terminals at the same time as there are only six Legal Deposit Libraries (including Trinity College Dublin). This mirrors the system for printed publications whereby a maximum of six copies of the same work are available for readers across the six Legal Deposit Libraries. Do you agree with this approach? If not please give reasons and suggest an alternative. Please provide evidence. 15 Regulation 24 - This provides that a legal deposit library may not allow access to a deposited work if a publisher has requested an embargo for a period not exceeding three years from the date of the request. The deposit library may not refuse the request if the publisher has shown that on a Page 36 of 55

12 ?