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The Legal Deposit Libraries (Non-Print Works) Regulations 2013

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Entitlement to delivery: on line work

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16.—(1) Each deposit library is entitled to delivery under section 1 of the Act of a copy of any work published on line which it requests provided that such a request is made in accordance with paragraph (2) or (3).

(2) Where there is an agreement between a publisher and a deposit library regarding the method by which a work, or works of a particular description, will be delivered—

(a)the request for delivery of the work must be made in writing; and

(b)the work must be delivered to the deposit library by the agreed method within one month of the request being made, and must be of a quality which is most suitable for its preservation.

(3) Where no such agreement is in place, any request for delivery of a work must be made by the deposit library by means of a web harvester from one or more IP addresses dedicated for the purpose of making requests under this paragraph to the IP address from which the work is made available to the public.

(4) A request by a deposit library under paragraph (3) made in respect of a webpage which contains a login facility will be deemed to be a request for the work or works available behind that login facility provided that the deposit library has given the publisher at least one month’s notice in writing before making the request.

(5) Delivery of a work requested under paragraph (3) must be by electronic means and by automated response to the request made by the web harvester.

(6) When making a request under paragraph (3) for work or works available behind a login facility, a deposit library must use any relevant login details provided to it by the publisher.

(7) A deposit library must not use such login details for any purpose except for compliance with these Regulations.

(8) For the purposes of paragraph (2)(b), the quality most suitable for the preservation of a work shall be such as may be agreed between the publisher and the deposit library or, in the absence of agreement, shall be decided by the publisher.

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