About legal deposit
What is Legal Deposit?
Under legislation, all publishers in New Zealand must deposit their publications with the National Librarian. This enables the National Library of New Zealand to collect, preserve, and make available the documentary heritage of New Zealand.
About legal deposit
One of the functions of the National Library is to develop and maintain collections of documents, including a comprehensive collection of documents relating to New Zealand, and to make these accessible for all the people of New Zealand. The National Library’s collection of New Zealand music recordings is a rich taonga. One of the ways this collection is built is through the legal deposit regime.
Legal deposit is a statutory regime under the National Library of New Zealand Act (Te Puna Mātauranga o Aotearoa) 2003 (the Act) requiring publishers to provide copies of publications (referred to in the Act as “public documents”) to the National Library without charge. The publications are added to the National Library’s collections.
While the Act provides for the legal deposit regime, it is implemented through a notice of requirement. The Minister may, by notice in the Gazette, require a publisher of a public document (other than an Internet document) to give to the National Librarian, at the publisher's own expense, a specified number of copies (not exceeding three) of: the public document in printed form; and, if the document is an electronic document, the medium that contains the document.
Clarity about vinyl records and legal deposit
When the Act was passed in 2003, the scope of legal deposit was refined to be in the form of “documents” (previously “books”) to include material created in many forms, including sound and/or video. The National Library Requirement (Electronic Documents) Notice 2006 (e-Docs Notice) was implemented in 2006 to capture music published on a CD, CD-ROM, a DVD, a cassette tape, a video tape and other media, as well as certain online publications.
It is currently unclear whether vinyl records are covered by the e-Docs Notice. The National Library considers this ambiguity does not provide certainty to publishers and wishes to clarify that vinyl records are covered by legal deposit. We therefore propose to explicitly include vinyl records within the scope of the legal deposit regime. This inclusion will cover vinyl records made publicly available which are produced in New Zealand or are commissioned to be produced outside New Zealand by a person who is resident in New Zealand or whose principal place of business is in New Zealand.
Under the Act, the Minister is required to consult publishers or representatives of publishers likely to be affected by the proposed requirement for any documents about any terms and conditions relating to format, public access or other matters. We seek your views on the proposed terms and conditions as they relate to vinyl records.
Proposed terms and conditions
The Act provides that the purpose of legal deposit “is to assist in preserving New Zealand's documentary heritage so that it is available, subject to any applicable terms or conditions, for the benefit of New Zealanders”.
During discussions preceding the passing of the Act, it was noted that there was a potential loss of revenue to publishers if unfettered access was provided to deposited documents that are produced for commercial purposes. The requirement to consult publishers about terms and conditions relating to access to deposited documents was included in the Act to ensure that these matters were carefully considered before legal deposit in the Act came into force for a particular type of document.
In proposing terms and conditions, the National Library has taken into consideration the commercial interests of publishers, creators and owners of copyright works, and will maintain a balance between those interests and the wider public interest.
The terms and conditions that follow mirror those currently in effect under the e-Docs Notice (the full e-Docs Notice is included as Appendix A). This would allow for either a simple amendment to the e-Docs Notice to explicitly bring vinyl records within scope, or the creation of a new Notice specifically for vinyl records but which includes the same terms and conditions as those in the e-Docs Notice. If the e-Docs Notice were to be amended, it is possible that the title may change.
The definition of document in the Act is broad and includes both sound and/or video recordings (relevant provisions of the Act are included as Appendix B). It is intended that the document the legal deposit provision will apply to are “vinyl records”. This exact definition may differ in the final Notice.
This paper uses the term “vinyl records” to capture a phonograph record; an analogue sound storage medium typically in the form of a flat polyvinyl chloride (PVC) disc with an inscribed, modulated spiral groove. Vinyl records may also be made of other materials including, but not limited to: plastic, hard rubber, shellac or celluloid-coated cardboard disc.
Storage and public access
Vinyl records collected by the National Library will be permanently housed in its collections.
The Act specifies a minimum level of access to public documents. The permitted uses are:
- National Library staff may access the deposited document at any time in order to undertake their day-to-day work; and
- the National Library can make up to three copies of the deposited document accessible to members of the public but may not provide that access over the Internet without the publisher’s agreement.
Application of Notice
The notice will apply to all classes of vinyl records coming into existence on or after the date on which this notice comes into force and all publishers of those vinyl records.
Number of copies
In line with the current e-Docs Notice, a publisher must, within 20 working days after the date when the document is first published, submit to the National Library one or more copies of the document as follows:
- two copies of the document; or
- one copy of the document if:
○ the document is a single discrete item the price of which exceed $1000; or
○ the document is available for an annual subscription that exceeds $3000.
As stated earlier, at the conclusion of the consultation process a new notice will be issued, or an existing notice will be amended, to incorporate vinyl records. The notice cannot come into force until at least three months after the date of its publication in the New Zealand Gazette.