Legal Deposit
(Jersey) Law 2007
A LAW to require the deposit in the
Jersey Library of copies of works that are published in Jersey; to provide for
their preservation as part of the cultural heritage of Jersey; and for related
matters.
Commencement [see endnotes]
Part 1
Introductory provisions
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“book” includes a pamphlet, magazine or newspaper;
“deposited copy” refers to a copy of a work, and means a
copy that is deposited under Article 5;
“Library” and “Jersey Library” mean the
public library service of Jersey;
“medium” means any medium of publication, including in
particular any form of on-line or off-line publication;
“Minister” means the Minister for Education and Lifelong
Learning;
“work in the printed medium” means –
(a) a
book;
(b) a
sheet of music;
(c) a
map, plan, chart or table; or
(d) a
part of any work to which any of sub-paragraphs (a), (b) and (c) refers.[1]
(2) In this Law, unless the
context otherwise requires –
(a) where
Regulations define the circumstances in which the act of publishing a work
otherwise than in the printed medium is to be treated as occurring in Jersey, a
reference to the publishing of the work in Jersey shall be construed
accordingly; and
(b) where
Regulations prescribe the manner of deposit of a work that is not in the
printed medium, a reference to the depositing of a copy of the work is to its
deposit in that manner.
2 Object
of Law
The object of this Law is to ensure that copies of works to which
this Law applies that are published in Jersey are preserved and become part of
Jersey’s cultural heritage for the benefit of present and future
generations.
3 Application
of Law
(1) This Law applies to a
work that is published in the printed medium.
(2) This Law applies to a
work that is published in a medium other than the printed medium, if the States
by Regulations declare that the Law applies to a work published in that other medium.
Part 2
Deposit of works published
in jersey
4 Jersey
Library to be the repository for copies of works
The Jersey Library shall be the repository for copies of works that
are to be deposited under this Law.
5 Copies
of work published in Jersey to be deposited with
Library
(1) A
person who publishes in Jersey a work to which this Law applies shall deposit a
copy of the work with the Library.
(2) The
work shall be so deposited at the person’s own expense.
(3) The
person must comply with paragraph (1) within one month after first
publishing the work in Jersey.
6 Exceptions from the duty to deposit
(1) Article 5 does not
apply to a work that is substantially the same in its content as one that has
been published in Jersey in the same medium after this Law has come into force.
(2) Article 5 does not
apply to a work if the States by Regulations declare that the Article does not
apply to that work.
7 Medium
in which copy to be deposited
(1) If the work is
published in Jersey in more than one medium, and one of them is the printed
medium, the deposited copy shall be in the printed medium.
(2) However, if the Chief
Librarian informs the person who must deposit the copy that it is to be
deposited in another medium in which it is published in Jersey, the copy shall
instead be in that other medium.
8 Quality
of deposited copy
The deposited copy shall be of the same quality as the best copies
of the work (in the medium in which the copy is deposited) that have been
published in Jersey.
9 Deposited copies to be kept safely
(1) The Chief Librarian
shall keep the deposited copy safely.
(2) If it is necessary or
desirable to do so in order to preserve the deposited copy, the Chief Librarian
may –
(a) copy,
adapt or dispose of any material contained in the deposited copy; or
(b) store
the deposited copy in a more suitable way.
(3) The Chief Librarian
shall not allow the deposited copy to be removed from the Library’s
premises otherwise than for a purpose to which paragraph (2) refers.
10 Deposited
copies to be available for reference
The Chief Librarian shall make the deposited copy available within
the Library’s premises for use for reference.
Part 3
Exemptions from liability
11 Exemption
from liability for
breach of contract
By depositing a copy of a work or any other item with the Library in
compliance with Article 5 or Regulations made under this Law, a person
does not commit a breach of any contract that relates to any part of the work
or item and to which the person is a party.
12 Exemption
from liability for infringement of copyright
(1) By depositing a copy of
a work or any other item with the Library in compliance with Article 5 or
Regulations made under this Law, a person does not infringe any copyright,
publication right or database right in respect of any part of that work or
item.[2]
(2) None of the persons
specified in paragraph (4) infringes any copyright or database right by
reason of –
(a) the
copying, under Article 9(2), of any material contained in a deposited
copy; or
(b) the
adaptation, under Article 9(2), of a computer program deposited in
compliance with Article 5 or Regulations made under this Law.[3]
(3) None of the persons
specified in paragraph (4) infringes any copyright or database right by
reason of the copying for the purpose of this Law of any on-line material.[4]
(4) The persons to whom
this paragraph refers are –
(a) the Minister
for Education and Lifelong Learning; and
(b) a
person acting on behalf of the Library.[5]
(5) In this Article,
“copyright”, “database right” and “publication
right” have the same meaning as in the Intellectual Property
(Unregistered Rights) (Jersey) Law 2011.[6]
13 Exemption
from liability for infringement of patent
By depositing a copy of a work or any other item with the Library in
compliance with Article 5 or Regulations made under this Law, a person
does not infringe any patent in respect of any part of that work or item.
14 Exemption
from liability for defamation
(1) If a person deposits a
copy of a work or any other item with the Library in compliance with Article 5
or Regulations made under this Law, the person is not liable in damages, or
subject to any criminal liability, for defamation arising out of the doing by
any person of any act that is required or authorized to be done under this Law
in respect of that copy or other item.
(2) However, paragraph (1)
does not apply –
(a) where
the person knows that the deposited copy or other item contains a defamatory
statement; or
(b) in
the case of liability for damages, where the person knows of facts or
circumstances from which the person ought to know that the copy or other item
contains a defamatory statement,
and the person has had a reasonable opportunity since obtaining that
knowledge to inform the Chief Librarian, and has not done so.
(3) If a person deposits a
copy of a work or any other item with the Library in compliance with Article 5
or Regulations made under this Law, none of the persons specified in Article 12(4)
is liable in damages, or subject to any criminal liability, for defamation
arising out of the doing by any person of any act that is required or
authorized to be done under this Law in respect of that copy or other item.
(4) However, paragraph (3)
does not apply to the liability of the Minister –
(a) where
he or she knows that the deposited copy or other item contains a defamatory
statement; or
(b) in
the case of liability for damages, where the Minister knows of facts or
circumstances from which he or she ought to know that the copy or other item
contains a defamatory statement,
and the Minister has had a reasonable opportunity since obtaining
that knowledge to prevent the doing of the act in respect of that copy or other
item.
(5) If a work or any other
item is published on-line, this paragraph applies to a copy of the work or
other item (as the case requires) where –
(a) the
work or other item is of a description specified in Regulations;
(b) the
publication of the work or other item on-line, or a person publishing it
on-line, is connected with Jersey in a manner specified in Regulations; and
(c) where
Regulations prescribe conditions for the copying of such a work or item from
on-line material, the copy of the work or other item is made from on-line
material, in accordance with those conditions, by a person acting on behalf of
the Library.
(6) If paragraph (5)
applies to a copy of a work or other item, no person is liable in damages, or
subject to any criminal liability, for defamation arising out of the doing by
any person of any act that is required or authorized to be done under this Law
in respect of that copy or other item.
(7) If paragraph (5)
applies to a copy of a work or other item, paragraphs (3) and (4) apply to
the liability of the Minister in damages, and his or her criminal liability,
for defamation, arising out of the doing by any person of any act that is
required or authorized to be done under this Law in respect of that copy or
other item.
(8) Nothing in this Article
imposes liability on a person.
Part 4
Other provisions
15 Compliance
If a person fails to comply with Article 5, the Attorney
General may apply to the Royal Court for an injunction to enforce compliance by
the person with that Article.
16 Regulations
The States may make Regulations for any of the following
purposes –
(a) declaring under Article 3(2)
that this Law applies to a work published in a medium specified in the
Regulations;
(b) where a work is
published in an on-line medium, defining the circumstances in which the act of
publishing is to be treated as occurring in Jersey;
(c) prescribing a manner of
depositing under Article 5 a copy of a work that is published in a medium
other than the printed medium;
(d) where a copy of a work
that is published in a medium other than the printed medium must be deposited
under Article 5, requiring the person by whom it is published to deliver
to the Library such information or data (whether in tangible form or other
form) as the Regulations may prescribe, explaining how access may be obtained
to the work;
(e) prescribing a time
limit for compliance with a requirement to which sub-paragraph (d) refers;
(f) declaring under
Article 6(2) that Article 5 does not apply to a work specified in the
Regulations;
(g) for a matter to which
Article 14(5) refers;
(h) authorizing the Chief
Librarian (either unconditionally or in circumstances specified in the
Regulations) to waive the requirement for deposit of a work of a description
specified in the Regulations;
(i) for such other
matters as are reasonably necessary or incidental to the purpose of this Law.
17 Citation
This Law may be cited as the Legal Deposit (Jersey) Law 2007.