Legal Deposit Libraries Act 2003
CHAPTER 28
CONTENTS
Duty to deposit
1 Deposit of publications
2 New and alternative editions3 Enforcement
Printed publications
4 Printed publications: the British Library
5 Printed publications: other libraries
Non–print publications
6 Regulations: deposit of non-print publications
7 Restrictions on activities in relation to non-print publications8 Activities in relation to non-print publications: copyright etc.
Exemption from liability
9 Exemption from liability: deposit of publications etc.
10 Exemption from liability: activities in relation to publications
Regulations
11 Regulations: general
12 Regulations: Scotland and Wales13 Regulations: Trinity College, Dublin
General
14 Interpretation
15 Consequential amendments, repeals and revocation16 Commencement and extentLegal Deposit Libraries Act 2003 (c. 28) iv
17 Short title
Schedule — Repeals and revocationELIZABETH II c. 28
Legal Deposit Libraries Act 2003
2003 CHAPTER 28
An Act to make provision in place of section 15 of the Copyright Act 1911
relating to the deposit of printed and similar publications, including on and
off line publications; to make provision about the use and preservation of
material deposited; and for connected purposes. [30th October 2003]
E IT ENACTED  by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:— 
Duty to deposit
1 Deposit of publications
(1) A person who publishes in the United Kingdom a work to which this Act
applies must at his own expense deliver a copy of it to an address specified(generally or in a particular case) by any deposit library entitled to deliveryunder this section.
(2) If a deposit library other than the authority controlling the Library of Trinity
College, Dublin has not specified an address, the copy is to be delivered to thelibrary.
(3) In the case of a work published in print, this Act applies to—
(a) a book (including a pamphlet, magazine or newspaper),
(b) a sheet of letterpress or music,
(c) a map, plan, chart or table, and
(d) a part of any such work;
but that is subject to any prescribed exception.
(4) In the case of a work published in a medium other than print, this Act applies
to a work of a prescribed description.
(5) A prescribed description may not include works consisting only of—BLegal Deposit Libraries Act 2003 (c. 28) 2
(a) a sound recording or film or both, or
(b) such material and other material which is merely incidental to it.
(6) Subject to section 6(2)(h), the obligation under subsection (1) is to deliver a
copy of the work in the medium in which it is published.
(7) In this section, “address” means an address in the United Kingdom or an
electronic address.
2 New and alternative editions
(1) This Act does not apply to a work which is substantially the same as one
already published in the same medium in the United Kingdom.
(2) Where substantially the same work is published in the United Kingdom in
more than one medium—
(a) section 1(1) applies only in relation to its publication in one of those
media, and
(b) that medium is to be determined in accordance with regulations made
by the Secretary of State.
(3) The Secretary of State may by regulations make provision as to circumstances
in which works are or are not to be regarded for the purposes of this section assubstantially the same.
3 Enforcement
(1) This section applies where a person (in this section, “the publisher”) who is
required by or under this Act to deliver anything to an address specified by adeposit library, or to a deposit library, has failed to comply with thatobligation.
(2) The library may, in accordance with rules of court, apply to the county court
(or, in Scotland, to the sheriff) for an order requiring the publisher to complywith the obligation.
(3) If on an application under subsection (2) it appears that—
(a) the publisher is unable to comply with the obligation, or
(b) for any other reason, it is not appropriate to make an order under that
subsection,
the court or sheriff may instead make an order requiring the publisher to pay
to the library an amount which is not more than the cost of making good thefailure to comply.
Printed publications
4 Printed publications: the British Library
(1) The British Library Board is entitled to delivery under section 1 of a copy of
every work published in print.
(2) The copy must be delivered within one month beginning with the day of
publication.
(3) The copy is to be of the same quality as the best copies which, at the time of
delivery, have been produced for publication in the United Kingdom.Legal Deposit Libraries Act 2003 (c. 28) 3
(4) The Board must give a receipt in writing (whether sent by electronic or other
means).
5 Printed publications: other libraries
(1) Each deposit library other than the British Library Board is entitled to delivery
under section 1 of a copy of any work published in print which it requests.
(2) A request under this section must be in writing (whether sent by electronic or
other means).
(3) A request—
(a) may be made before publication, and
(b) in particular, may relate to all future numbers or parts of an
encyclopaedia, newspaper, magazine or other work.
(4) No request may be made after the end of 12 months beginning with the day of
publication.
(5) The copy must be delivered within one month beginning with—
(a) the day of publication, or
(b) if later, the day on which the request is received.
(6) The copy is to be of the same quality as the largest number of copies which, at
the time of delivery, have been produced for publication in the UnitedKingdom.
Non–print publications
6 Regulations: deposit of non-print publications
(1) The Secretary of State may make regulations supplementing sections 1 and 2 as
they apply to works published in media other than print.
(2) Regulations under this section may in particular—
(a) make provision about the time at which or the circumstances in which
any deposit library becomes or ceases to be entitled to delivery undersection 1;
(b) require the person mentioned in section 1(1) to deliver, with the copy
of the work, a copy of any computer program and any informationnecessary in order to access the work, and a copy of any manual andother material that accompanies the work and is made available to thepublic;
(c) require delivery within a time prescribed by reference to publication or
another event;
(d) permit or require delivery by electronic means;
(e) where a work is produced for publication in copies of differing quality,
specify the quality of copies to be delivered;
(f) where a work is published or made available to the public in different
formats, provide for the format in which any copy is to be delivered tobe determined in accordance with requirements specified (generally orin a particular case) by the deposit libraries or any of them;
(g) make provision as to the circumstances in which works published on
line are or are not to be treated as published in the United Kingdom;Legal Deposit Libraries Act 2003 (c. 28) 4
(h) specify the medium in which a copy of a work published on line is to
be delivered.
7 Restrictions on activities in relation to non-print publications
(1) Subject to subsection (3), a relevant person may not do any of the activities
listed in subsection (2) in relation to relevant material.
(2) The activities are—
(a) using the material (whether or not such use necessarily involves the
making of a temporary copy of it);
(b) copying the material (other than by making a temporary copy where
this is necessary for the purpose of using the material);
(c) in the case of relevant material comprising or containing a computer
program or database, adapting it;
(d) lending the material to a third party (other than lending by a deposit
library to a reader for use by the reader on library premises controlledby the library);
(e) transferring the material to a third party;
(f) disposing of the material.
(3) The Secretary of State may by regulations make provision permitting relevant
persons to do any of the activities listed in subsection (2) in relation to relevantmaterial, subject to such conditions as may be prescribed.
(4) Regulations under this section may in particular make provision about—
(a) the purposes for which relevant material may be used or copied;
(b) the time at which or the circumstances in which readers may first use
relevant material;
(c) the description of readers who may use relevant material;
(d) the limitations on the number of readers who may use relevant material
at any one time (whether by limiting the number of terminals in adeposit library from which readers may at any one time access anelectronic publication or otherwise).
(5) In this section—
(a) “reader” means a person who, for the purposes of research or study and
with the permission of a deposit library, is on library premisescontrolled by it;
(b) “relevant material” means—
(i) a copy delivered under section 1 of a work published in a
medium other than print;
(ii) a copy delivered pursuant to regulations under section 6 of a
computer program or material within section 6(2)(b);
(iii) a copy of a work to which section 10(6) applies;
(iv) a copy (at any remove) of anything within any of sub-
paragraphs (i) to (iii);
(c) “relevant person” means—
(i) a deposit library or person acting on its behalf;
(ii) a reader;
(d) references to a deposit library include references to the Faculty of
Advocates.Legal Deposit Libraries Act 2003 (c. 28) 5
(6) A contravention of this section is actionable at the suit of a person who suffers
loss as a result of the contravention, subject to the defences and other incidentsapplying to actions for breach of statutory duty.
8 Activities in relation to non-print publications: copyright etc.
(1) In Chapter 3 of Part 1 of the 1988 Act (acts permitted in relation to copyright
works), after section 44 insert—
“44A Legal deposit libraries
(1) Copyright is not infringed by the copying of a work from the internet
by a deposit library or person acting on its behalf if—
(a) the work is of a description prescribed by regulations under
section 10(5) of the 2003 Act,
(b) its publication on the internet, or a person publishing it there, is
connected with the United Kingdom in a manner so prescribed,and
(c) the copying is done in accordance with any conditions so
prescribed.
(2) Copyright is not infringed by the doing of anything in relation to
relevant material permitted to be done under regulations under section7 of the 2003 Act.
(3) The Secretary of State may by regulations make provision excluding, in
relation to prescribed activities done in relation to relevant material, theapplication of such of the provisions of this Chapter as are prescribed.
(4) Regulations under subsection (3) may in particular make provision
prescribing activities—
(a) done for a prescribed purpose,
(b) done by prescribed descriptions of reader,
(c) done in relation to prescribed descriptions of relevant material,
(d) done other than in accordance with prescribed conditions. 
(5) Regulations under this section may make different provision for
different purposes.
(6) Regulations under this section shall be made by statutory instrument
which shall be subject to annulment in pursuance of a resolution ofeither House of Parliament. 
(7) In this section—
(a) “the 2003 Act” means the Legal Deposit Libraries Act 2003;
(b) “deposit library”, “reader” and “relevant material” have the
same meaning as in section 7 of the 2003 Act;
(c) “prescribed” means prescribed by regulations made by the
Secretary of State.”
(2) In Part III of the Copyright and Rights in Databases Regulations 1997 (S.I.
1997/3032) (database right), after Regulation 20 insert—Legal Deposit Libraries Act 2003 (c. 28) 6
“Exceptions to database right: deposit libraries
20A. (1) Database right in a database is not infringed by the copying of a work
from the internet by a deposit library or person acting on its behalfif—
(a) the work is of a description prescribed by regulations under
section 10(5) of the 2003 Act,
(b) its publication on the internet, or a person publishing it there,
is connected with the United Kingdom in a manner soprescribed, and
(c) the copying is done in accordance with any conditions so
prescribed.
(2) Database right in a database is not infringed by the doing of anything
in relation to relevant material permitted to be done underregulations under section 7 of the 2003 Act.
(3) Regulations under section 44A(3) of the 1988 Act exclude the
application of paragraph (2) in relation to prescribed activities inrelation to relevant material as (and to the extent that) they excludethe application of section 44A(2) of that Act in relation to thoseactivities.
(4) In this Regulation—
(a) “the 2003 Act” means the Legal Deposit Libraries Act 2003;
(b) “deposit library” and “relevant material” have the same
meaning as in section 7 of the 2003 Act.”
Exemption from liability
9 Exemption from liability: deposit of publications etc.
(1) The delivery by a person, pursuant to section 1, of a copy of a work is to be
taken—
(a) not to breach any contract relating to any part of the work to which that
person is a party, and
(b) not to infringe copyright, publication right or database right in relation
to any part of the work or any patent.
(2) Subsection (1) applies to the delivery, pursuant to regulations under section 6,
of a copy of a computer program or material within section 6(2)(b) as it appliesto the delivery of a copy of a work pursuant to section 1.
10 Exemption from liability: activities in relation to publications
(1) A deposit library, or a person acting on  its behalf, is not liable in damages, or
subject to any criminal liability, for defamation arising out of the doing by arelevant person of an activity listed in section 7(2) in relation to a copy of awork delivered under section 1.
(2) Subsection (1) does not apply to the liability of a deposit library where—
(a) it knows, or in the case of liability in damages it knows of facts or
circumstances from which it ought to know, that the copy contains adefamatory statement, and
(b) it has had a reasonable opportunity since obtaining that knowledge to
prevent the doing of the activity in relation to the copy.Legal Deposit Libraries Act 2003 (c. 28) 7
(3) Where, pursuant to section 1, a person (in this section, “the publisher”) has
delivered a copy of a work to an address specified by a deposit library, thepublisher is not liable in damages, or subject to any criminal liability, fordefamation arising out of the doing by a relevant person of an activity listed insection 7(2) in relation to the copy.
(4) Subsection (3) does not apply where—
(a) the publisher knows, or in the case of liability in damages the publisher
knows of facts or circumstances from which it ought to know, that thecopy contains a defamatory statement, and
(b) it has had a reasonable opportunity since obtaining that knowledge to
inform the library of the matter, facts or circumstances known to it andhas not done so.
(5) Where a work is published on the internet, subsection (6) applies to a copy of
the work if—
(a) the work is of a description prescribed by regulations under this
subsection,
(b) the publication of the work on the internet, or a person publishing it
there, is connected with the United Kingdom in a manner soprescribed, and
(c) the copy was made by a deposit library or person acting on its behalf
copying the work from the internet in accordance with any conditionsso prescribed.
(6) Where this subsection applies to a copy of a work—
(a) no person other than the library is liable in damages, or subject to any
criminal liability, for defamation arising out of the doing by a relevantperson of an activity listed in section 7(2) in relation to the copy, and
(b) subsections (1) and (2) apply in relation to the doing of an activity in
relation to the copy as they apply in relation to the doing of the activityin relation to a copy of a work delivered under section 1.
(7) In this section—
(a) “relevant person” has the same meaning as in section 7;
(b) references to activities listed in section 7(2) are references to those
activities whether or not done in relation to relevant material (asdefined in section 7);
(c) references to a deposit library include references to the Faculty of
Advocates.
(8) The Secretary of State may by regulations provide for this section, as it applies
in relation to liability in damages and criminal liability for defamation, to applyin relation to liability (including criminal liability) of any descriptionprescribed in the regulations, subject to such modifications as may beprescribed.
(9) Where this section applies to the doing of an activity in relation to a copy of a
work it also applies to the doing of the activity in relation to a copy (at anyremove) of that copy.
(10) Nothing in this section imposes liability on any person.Legal Deposit Libraries Act 2003 (c. 28) 8
Regulations
11 Regulations: general
(1) Any power under this Act to make regulations—
(a) includes power to make different provision for different purposes,
including in particular different media, descriptions of work, depositlibraries or areas, and
(b) as well as being exercisable in relation to all cases to which it extends,
may be exercised in relation to those cases subject to specifiedexceptions, or in relation to a particular case or class of cases.
(2) Regulations under this Act may not be made unless the Secretary of State has
consulted—
(a) the deposit libraries, and
(b) the publishers appearing to the Secretary of State to be likely to be
affected.
(3) Regulations under section 1(4) or 6 may not be made so as to apply to works
published before the regulations are made.
(4) Regulations under section 1(4), 2 or 6 may not be made unless the Secretary of
State considers that the costs likely to be incurred as a result of the regulationsby persons who publish works to which the regulations relate are notdisproportionate to the benefit to the public arising from the delivery of copiesof such works.
(5) Regulations under section 1(4), 2, 6, 7 or 10(5)  may not be made unless the
Secretary of State considers that the regulations do not unreasonably prejudicethe interests of persons who publish works to which the regulations relate.
(6) Any power to make regulations under this Act is exercisable by statutory
instrument, and no such regulations may be made unless a draft of theinstrument containing them has been laid before and approved by a resolutionof each House of Parliament.
12 Regulations: Scotland and Wales
(1) Regulations under this Act may not be made without the consent of the
Scottish Ministers if they would—
(a) remove an entitlement conferred by or under this Act on the authority
controlling the National Library of Scotland, or
(b) confer an entitlement that is not conferred on that authority on any
other deposit library.
(2) Subsection (1) does not apply where the entitlement is to delivery of copies of
electronic publications and—
(a) in the case of legal publications, the Faculty of Advocates, or
(b) in any other case, the authority controlling the National Library of
Scotland,
is provided with a means of accessing those publications electronically.
(3) Where subsection (1) does not apply, regulations under this Act that would
affect the authority controlling the National Library of Scotland may not bemade unless the Secretary of State has consulted the Scottish Ministers.Legal Deposit Libraries Act 2003 (c. 28) 9
(4) Regulations under this Act may not be made without the consent of the
National Assembly for Wales if they would—
(a) remove an entitlement conferred by or under this Act on the authority
controlling the National Library of Wales, or
(b) confer an entitlement that is not conferred on that authority on any
other deposit library;
but this does not apply where the entitlement is to delivery of copies of
electronic publications and that authority is provided with a means ofaccessing those publications electronically.
(5) Where subsection (4) does not apply, regulations under this Act that would
affect the authority controlling the National Library of Wales may not be madeunless the Secretary of State has consulted the National Assembly for Wales.
13 Regulations: Trinity College, Dublin
(1) Regulations under this Act which confer an entitlement on the authority
controlling the Library of Trinity College, Dublin may not be made unless theSecretary of State is satisfied, in relation to relevant material deliveredpursuant to such an entitlement—
(a) that as regards the restriction by section 7 (having regard to any
regulations made under that section) of activities in relation to relevantmaterial, the restriction of those activities under the laws of Ireland isnot substantially less,
(b) that as regards the protection under the laws of any part of the United
Kingdom of copyright, publication right, database right and patents inrelation to relevant material, the protection under the laws of Ireland ofcorresponding rights is not substantially less, and
(c) that as regards the protection from liability under subsections (3) and
(4) of section 10 (or those subsections as applied by regulations underthat section), the protection under the laws of Ireland in relation tocorresponding liability is not substantially less.
(2) In this section “relevant material” has the same meaning as in section 7.
General
14 Interpretation
In this Act—
“the 1988 Act” means the Copyright, Designs and Patents Act 1988 (c. 48);
“database right” has the meaning given by regulation 13(1) of the
Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032);
“deposit library” means any of the British Library Board and the
authorities controlling—
(a) the National Library of Scotland,
(b) the National Library of Wales,
(c) the Bodleian Library, Oxford,
(d) the University Library, Cambridge,
(e) the Library of Trinity College, Dublin;Legal Deposit Libraries Act 2003 (c. 28) 10
“electronic publication” means an on line or off line publication including
any publication in electronic form (within the meaning given by section178 of the 1988 Act);
“film” has the meaning given by section 5B of the 1988 Act;“medium” means any medium of publication, including in particular any
form of on line or off line publication;
“prescribed” means prescribed by regulations made by the Secretary of
State;
“publication”, in relation to a work—
(a) means the issue of copies of the work to the public, and
(b) includes making the work available to the public by means of an
electronic retrieval system;
and related expressions are to be interpreted accordingly;
“publication right” has the meaning given by regulation 16(1) of the
Copyright and Related Rights Regulations 1996 (S.I. 1996/2967);
“sound recording” has the meaning given by section 5A of the 1988 Act.
15 Consequential amendments, repeals and revocation
(1) The provisions listed in the Schedule are repealed or revoked to the extent
specified.
(2) Section 5 of the National Library of Scotland Act 1925 (c. 73) (transfer of
privilege under section 15 of the Copyright Act 1911) is amended as follows.
(3) For subsections (1) to (3) substitute—
“(1) Copies of legal publications delivered for the Board as the authority for
the Library under section 1 of the Legal Deposit Libraries Act 2003 shallbe transmitted by the Board to the Faculty.
(2) The Board shall cause to be inserted in the requests made for them
under section 5 of that Act such legal publications as may be named inwriting to them by the Faculty.”
(4) In subsections (4) and (5), for “law books” substitute “legal publications”.
(5) After subsection (5) add—
“(6) In this section, “publication” includes a publication made available to
the public by means of an electronic retrieval system.”
16 Commencement and extent
(1) The preceding provisions of this Act, except so far as they confer power to
make regulations, come into force in accordance with provision made by theSecretary of State by order made by statutory instrument.
(2) Different provision may be made for different purposes.(3) An order under subsection (1) may not be made unless the Secretary of State
has consulted the Scottish Ministers and the National Assembly for Wales.
(4) This Act does not apply to works published before the commencement of
section 1.
(5) This Act extends to Northern Ireland.Legal Deposit Libraries Act 2003 (c. 28) 11
17 Short title
This Act may be cited as the Legal Deposit Libraries Act 2003.Legal Deposit Libraries Act 2003 (c. 28)
Schedule — Repeals and revocation12
SCHEDULE Section 15(1)
REPEALS  AND  REVOCATION
Reference Extent of repeal or revocation
Copyright Act 1911 (c. 46) Section 15.
British Museum Act 1932 (c. 34) The whole Act.
British Library Act 1972 (c. 54) Section 4(1).
National Assembly for Wales
(Transfer of Functions) Order1999 (S. I. 1999/672)In Schedule 2, the entry relating to the
Copyright Act 1911.
?Crown copyright 2003
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under the authority and superintendence of Carol Tullo, Controller of
Her Majesty’s Stationery O Yce and Queen’s Printer of Acts of Parliament