LEGAL DEPOSIT ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Designation of legal depositories

   4   Obligation to deposit copies of publications

   5   Obligation of national publisher

   6   Compensation of national publisher

   7   Offences

   8   Regulations

   9   Transfer and vesting of books deposited

   10   Act binds Crown

   11   Repeal

 

THE LEGAL DEPOSIT ACT

[Date of Commencement: 11th October, 2004]

Act 34 of 2002.

1   Short title

   This Act may be cited as the Legal Deposit Act.

2   Interpretation

   (1) For the purposes of this Act-

   "document" means library matter of any kind, nature and description and includes any document, paper, record, tape or other thing published by a national publisher or a publisher resident in a foreign country, on or in which information is written, recorded, stored or reproduced;

   "legal depository" means the National Library of Jamaica and any other library designated by order of the Minister under section 3;

   "library" includes any Government office or department or other institution approved by the Minister which maintains a collection of documents to which members of the public may have access;

   "national publisher" means, subject to subsection (2), any person resident in Jamaica who by himself or in association with others, produces any document and publishes it in Jamaica;

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   "to produce", in relation to any document, means to manufacture copies thereof by any electronic, mechanical, reprographic or other process;

   "to publish in Jamaica", in relation to any document, means subject to subsection (3), to release copies of such documents in Jamaica for public distribution or for sale and the term "publication'' shall be construed accordingly.

   (2) Where any document, or any wrapper or container in which any copies thereof are published, bears an imprint, whereby any person holds himself out to be the publisher thereof, that person shall, for the purposes of this Act, be deemed to be the publisher.

   (3) Where any document is published at intervals in parts or instalments, each part or instalment shall be deemed to be separate work.

3   Designation of legal depositories

   (1) The National Library of Jamaica is hereby designated the principal legal depository into which all documents shall be deposited.

   (2) Notwithstanding subsection (1), the Minister may, by order, designate any other library as a legal depository and shall therein specify in relation to each such legal depository, the categories of documents which shall be deposited in that depository.

   (3) The Minister may by order specify in relation to each legal depository the number of copies of each document which shall be deposited therein.

4   Obligation to deposit copies of publications

   Subject to regulations made under section 8, every national publisher shall, within one month of the publication of any document which he publishes in Jamaica, deposit in each legal depository the number of copies specified pursuant to section 3(3).

5   Obligation of national publisher

   (1) Subject to the provisions of this section, every national publisher shall within the first fourteen days of February, May, August and November in each year, furnish each legal depository with a list of the documents which he has published in the preceding three months.

   (2) A list furnished under subsection (1) shall contain the title or description, and the name and address of the publisher of each document referred to therein.

   (3) Where, in consequence of an order made pursuant to section 3, any category of document is not required to be deposited with any legal depository, it shall not be necessary for a list of documents comprised in that category to be furnished to that legal depository under subsection (1).

6   Compensation of national publisher

   (1) Subject to the provisions of this section, every national publisher shall be entitled, in relation to each copy of a document deposited with a legal depository pursuant to section 4, to receive from that depository, within one month of the deposit, a sum equivalent to the actual cost of the production of the copy so deposited.

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