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.
Adopted by the States 26th September 2006
Sanctioned by
Order of Her Majesty in Council 14th November 2007
Registered by the
Royal Court 30th
November 2007
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
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, Sport and Culture;
“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.
(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 in respect of any part of that work or item.
(2) None
of the persons specified in paragraph (4) infringes any copyright by
reason of the copying under Article 9(2) of any material contained in a
deposited copy.
(3) None
of the persons specified in paragraph (4) infringes any copyright by
reason of the copying for the purpose of this Law of any on-line material.
(4) The
persons to whom this paragraph refers are –
(a) the
Minister for Education, Sport and Culture; and
(b) a
person acting on behalf of the Library.
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
and commencement
(1) This
Law may be cited as the Legal Deposit (Jersey) Law 2007.
(2) This
Law comes into force on such day as the States may by Act appoint.
m.n. de la haye
Greffier of the States