Legal deposit
Legal deposit is a copy of a publication that needs to be made by virtue of a law or other public provision of his publisher (or more rarely by the manufacturer) to certain libraries in the country or region in which it was moved. The legal deposit was made during the early modern period in Europe and is widely used internationally today.
It is sold with a few exceptions, free of charge. Purpose of legal deposit law is now primarily the fullest possible archiving of all publications of a country as a testimony of cultural creation, their bibliographic documentation and making available to the public. The libraries are therefore required by law to keep archival copies for an unlimited period and to establish a national library.
General
The first known legal deposit regulation is passed down from France, where Francis I in 1537 ordered the delivery of printed works at the Royal Court Library. Since the 17th century deposit legislation is also widespread in the Holy Roman Empire of the German Nation.
Deposit legislation were initially often associated with the so-called privileges beings, the rulers requested at the printers and publishers to submit their publications to protect against pirated editions, and with the censorship, as well as using these two legal institutions systematically printing units have been collected. This compound was replaced by the collecting and archiving purpose over time. Deposit legislation, thus creating the basis of the collections of many National and State libraries and are now used in almost all civilized countries of the world.
The tax liability made its first appearance exclusively on printed works, many legal deposit arrangements were with the advent of new media types to other forms of publication, such as Records and electronic media expanded. This is also reinforced for online publications in recent years.
Germany
Legal deposit legislation exist in Germany, both at the state and at the federal level. The legal deposit at the federal level is perceived by the German National Library, the legal deposit at the state level, usually by the state libraries of the individual federal states, with the countries control some differ greatly from each other.
History
As the first German legal deposit scheme in the true sense applies a Bavarian determination from the year 1663, the to the Imperial Library in Munich, the predecessor of the Bavarian State Library, prescribing the free distribution of all printing units. This was followed during the 18th and 19th century regulations in most principalities and territories of Germany. These state regulations were in accordance with § 30 para 3 of the Reichspreßgesetzes even after unification in 1871 into force.
At that time there was still no general government German Copyright Act at the national level. In 1912 the Booksellers Association of the German booksellers through agreements with the German publishers for delivery of printed works at the German Library in Leipzig the foundation for a national library collection, but initially without legal deposit obligation. 1935-1945 was also a complementary arrangement of the Reich Chamber of Culture, the professional organization of the Nazi regime for cultural workers that her subordinates if they laid printing, committed, and of these also submit one copy to Leipzig.
After the end of World War 2 were in the Federal Republic of Germany, first in all provinces as new deposit legislation, mostly in the context of the local press laws enacted. In 1969, the then privately organized by the Association of German Book Trade tax liability to the German Library in Frankfurt was founded in 1947 by the Law on the German library was placed on a statutory footing and thus anchored the first time, federal legislation Deposit Act.
In the GDR there were different according to provisional arrangements predecessor from 1960 until the reunification of a uniform national deposit law to the arrangement on the delivery of legal deposit. It regulated in a law the delivery both to central libraries, such as the German National Library and the German State Library, as well as the delivery to the appropriate local libraries.
The Law on the German library located since June 29, 2006 in a new version as Law regarding the German National Library ( DNBG ) and is " incorporeal media works " (ie, online publications ) explicitly in the collective order with a.
In some legal deposit legislation of the Länder online publications have been also included as a legal deposit -requiring groupage with, for example, in Hamburg, Thuringia and Baden- Württemberg.
Encompassed media
The statutory tax requirement extends to almost all publicly published print media and some non-print media, such as audio books and publications on CD- ROM. However, the deliverable media types vary partly in the various laws and regulations, such as in the case of film media, which are collected in some countries but not in others.
Not for the collection mandate include the so-called commercial print, for example, pure printed materials and forms. In the area of online publications are online commercial printing services, such as Intranet pages and purely private homepages, excluded from collective order.
The complete collection of all other publications on purely formal criteria and their distortion in the national bibliography, which has not been enforced prior to 1912 by major libraries such as the Prussian State Library, is largely sure that works are handed down that only in retrospect when valuable prove ( the collection of so-called first started with some delay " pulp fiction " and new media, such as comics and video shows that this is not done without opposition ).
Dissertations
Dissertations that must be submitted to the doctoral degree -awarding university on the basis of these rules ( statutes ) are often also referred to as legal deposit. They are distributed to various university libraries to make available the thesis of science. Apart from the legal deposit scheme of the German National Library therefore dissertations, insofar as they do not appear in the regular publishing trade, with the exception of the legal deposit legislation.
Delivery
From each laid in Germany release two deposit copies at the federal level to the appropriate location of the German National Library (DNB ) are to be submitted. At country level usually needs a copy to the appropriate regional state library of the state in which the work was published, delivered ( see table below), except for Bavaria and Baden- Württemberg, where the mandatory deposit requirement consists of two copies.
According to § delivery Paid 15 DNBG, "who is entitled to disseminate the media works or make available to the public ", ie, the publisher, or in so-called "gray", that is published outside the book trade literature, the publishing institution or self- publisher.
Austria
The delivery of legal deposit is regulated in Austria in § § 43, 44, 45 and 50 of the Media Act was enacted in 1981 and has since been amended. Other provisions can be found in the Legal Deposit Regulation of 2009.
In addition, students are according to § 59 and § 86 of the Universities Act to submit theses to the respective university library and dissertations additionally committed to the National Library. The same applies pursuant to § § 49 and 62 of the Higher Education Act 2005 for educational institutions.
Since 1808, the Viennese Court Library deposit copies received from all parts of the Austrian monarchy.
Was later the basis for the duty of the obligatory deposit of copies, the Federal Law of 7 April 1922, the press ( " press law ") and the Regulation of 26 September 1922, the delivery of free land under the federal laws on the press.
Switzerland
In Switzerland there is no regulation, the publisher would undertake the delivery of legal deposit. The Swiss National Library has instead entered into agreements with publishers.
Other countries
The legal deposit is also available in other countries in various forms. For example, was the U.S. Copyright few years ago only when a copy of the work in question at the Library of Congress was sent.