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LEGAL DEPOSIT SYSTEM FOR SOUTH AFRICA

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Introduction

Legal deposit can be broadly defined as “a government provision which compels producers of all types of publications to deposit a certain number of copies of each publication in designated or similar institutions” (Jasion, 1991: 7). It is a system that has been in practice in various countries for many centuries and is widely acknowledged as the main instrument for building up and preserving a nation’s published heritage. With a few exceptions, most countries where legal deposit is administered rely on a legal instrument of some sort to enforce compliance by publishers, printers, or manufacturers of publications, to ensure the development of such a national collection (Lariviere, 2000).
Enforcement measures differ according to the individual legislative procedures of different countries, ranging from small fines to more drastic measures such as prohibiting the publishing and distribution of publications in cases of non-compliance (Crews, 1988: 566; Jasion, 1991: 8; Lor, 1995: 100). Issues surrounding the monitoring and enforcement of legal deposit legislation directly affect the implementation of legal deposit by depository institutions and the manner in which publishers will comply with legislation. Recent decades have seen no significant decrease in the production of print material (Merril, 2000: 21), and a rapid proliferation of electronic publications, causing legal deposit to become an extremely complex and dynamic area of research (Muir, 2001: 655). In addition to the above- mentioned tracing and monitoring issues, the fundamental structures and systems needed for the effective practical implementation of a legal deposit system, whether in the print or the digital environment, must be investigated. All of these issues are particularly relevant in South Africa where the latest revision of its legislation makes provision for the legal deposit of not only print, but all types of publications, specifically also electronic/digital material.

Purpose and scope of the study

The revised South African Legal Deposit Act (Act no. 54 of 1997) (see Appendix A) came into force on 1st July 1998. Under section 8 of the Act, a Legal Deposit Committee with a broad representation of stakeholders is mandated to coordinate and promote the implementation of the Act, but no specific measures are provided, or guidelines given, for ways in which the Committee can monitor the processes involved with legal deposit. Similarly, the literature provides no tried and tested international examples of systems for tracing and enforcement measures that could be adapted and implemented within the South African context.
This study arises from the need expressed by the Legal Deposit Committee for an inquiry into the many issues and questions surrounding the provision of documents subject to legal deposit as expanded in the Legal Deposit Act. The Legal Deposit Act of 1997, at the time of its promulgation, was one of the first in the world to make provision for the legal deposit of electronic publications (Lariviere, 2000). However, although the topic of electronic publications will thus inevitably be touched upon in this study, the present investigation focuses mainly on the issues surrounding the supplying of print documents, specifically books, to the legal deposit libraries.

TABLE OF CONTENTS :

  • LIST OF TABLES
  • LIST OF FIGURES
  • 1 BACKGROUND TO THE INVESTIGATION
    • 1.1 INTRODUCTION
    • 1.2 PURPOSE AND SCOPE OF THE STUDY
    • 1.3 RESEARCH PROBLEM
      • 1.3.1 Statement of the problem
      • 1.3.2 Research goals
    • 1.4 RESEARCH STRATEGY AND METHODOLOGY
      • 1.4.1 Literature survey
      • 1.4.2 First phase: survey research
      • 1.4.3 Phase two: feasibility studies
      • 1.4.4 Analysis and interpretation of data
    • 1.5 VALUE OF THE STUDY
    • 1.6 DIVISION OF CHAPTERS
  • 2 LEGAL DEPOSIT LEGISLATION
    • 2.1 INTRODUCTION
    • 2.2 BACKGROUND TO LEGAL DEPOSIT
      • 2.2.1 What is legal deposit?
        • 2.2.1.1 The statutory/legal nature of the legal deposit arrangement
        • 2.2.1.2 The preservation function of the legal deposit system
        • 2.2.1.3 Recording the information/creating bibliographies
        • 2.2.1.4 Access to and availability of deposited material
      • 2.2.2 Origin of legal deposit
    • 2.2.3 Evolvement of legal deposit
      • 2.2.3.1 Legal deposit and censorship
      • 2.2.3.2 Obtaining trade privileges
      • 2.2.3.3 Copyright privileges
      • 2.2.3.4 From personal enrichment to national importance
  • 2.3 LEGISLATION
    • 2.3.1 Introduction
    • 2.3.2 Legal deposit in the United Kingdom
    • 2.3.3 Legal deposit in Australia
    • 2.3.4 Legal deposit in Malaysia
    • 2.3.5 Legal deposit in South Africa
  • 2.4 ISSUES COVERED IN LEGAL DEPOSIT LEGISLATION
    • 2.4.1 Introduction
    • 2.4.2 Objectives of legal deposit
    • 2.4.3 Origin of the publication
    • 2.4.4 Places of deposit
    • 2.4.5 Number of copies to be deposited
    • 2.4.6 Costs
    • 2.4.7 When / how soon after publication should material be deposited?
    • 2.4.8 Who should deposit?
    • 2.4.9 Type and scope of material that must be deposited
  • 2.4.9.1 General types of material
  • 2.4.9.2 Legal deposit of non-print material
  • 2.4.9.3 Government publications
  • 2.4.9.4 Copyright and legal deposit
    • 2.4.10 Comparative summary of legal deposit legislation
  • 2.5 SUMMARY
  • 3 THE PROCESS OF IMPLEMENTING LEGAL DEPOSIT
    • 3.1 INTRODUCTION
    • 3.2 STAGES IN THE LEGAL DEPOSIT PROCESS
    • 3.2.1 Background
    • 3.2.2 Identification
      • 3.2.2.1 ISBNs (International Standard Book Numbers)
      • 3.2.2.2 CIP (Cataloguing in Publication)
      • 3.2.2.3 Identification of digital material
    • 3.2.3 Selection
    • 3.2.4 Acquisition
      • 3.2.4.1 Time of delivery
      • 3.2.4.2 Number of copies
      • 3.2.4.3 Costs
      • 3.2.5 Accession activities
        • 3.2.5.1 Creating a national bibliography
        • 3.2.5.2 Describing materials received
        • 3.2.5.3 Preserving and storing material
    • 3.2.6 Access /delivery
    • 3.2.6.1 Document delivery
    • 3.2.6.2 Copyright
    • 3.3 THE MONITORING AND ENFORCEMENT OF LEGAL DEPOSIT
    • 3.3.1 Introduction
    • 3.3.2 Tracing non-compliant publishers
    • 3.3.3 Enforcement of legal deposit
      • 3.3.3.1 Enforcement procedures
      • 3.3.3.2 Court cases
    • 3.3.4 Measurement of compliance
    • 3.4 FACTORS AFFECTING THE PROCESS OF LEGAL DEPOSIT IMPLEMENTATION
    • 3.4.1 Introduction
    • 3.4.2 Management
    • 3.4.3 Economic factors
      • 3.4.4 Communication
      • 3.4.5 Technological factors
      • 3.4.6 Legal factors
      • 3.4.7 Political factors
    • 3.5 SUMMARY
  • 4 ROLE PLAYERS IN THE LEGAL DEPOSIT PROCESS
    • 4.1 INTRODUCTION
    • 4.2 DEPOSITORY INSTITUTIONS AS ROLE PLAYERS IN LEGAL DEPOSIT
    • 4.2.1 Introduction
    • 4.2.2 The national library as a depository institution
    • 4.2.2.1 Preservation
    • 4.2.2.2 Control
    • 4.2.2.3 Access
    • 4.3 PUBLISHERS AS ROLE PLAYERS IN LEGAL DEPOSIT
    • 4.3.1 Introduction
    • 4.3.2 Books and book publishing
      • 4.3.2.1 New technology
      • 4.3.2.2 Emergence of large companies
      • 4.3.2.3 Growth of independent publishing
    • 4.3.3 The role of printers in the publishing industry and in legal deposit
    • 4.4 THE STATE AS ROLE PLAYER IN LEGAL DEPOSIT
    • 4.4.1 Introduction
    • 4.4.2 The Constitution
    • 4.4.3 Freedom of expression and free access to information
    • 4.4.4 Intellectual property rights and copyright
    • 4.4.5 Creation of National Information Policies
    • 4.4.6 Creation of National Book Policies
    • 4.5 ROLE PLAYERS IN SOUTH AFRICA
    • 4.5.1 South African depository institutions as role players
      • 4.5.1.1 National Library of South Africa (NLSA)
      • 4.5.1.2 Manguang Library Services, Bloemfontein
      • 4.5.1.3 Msunduzi Municipal Library, Pietermaritzburg
      • 4.5.1.4 Library of Parliament
      • 4.5.1.5 National Film, Video and Sound Archives
      • 4.5.1.6 Official Publications Depositories (OPDs)
    • 4.5.2 Publishers as role players in legal deposit in South Africa
      • 4.5.2.1 Introduction
      • 4.5.2.2 Book publishing in South Africa
    • 4.5.3 The state as role player in legal deposit in South Africa
      • 4.5.3.1 The Constitution
      • 4.5.3.2 Access to information
      • 4.5.3.3 Intellectual property rights
      • 4.5.3.4 National Information Policy
      • 4.5.3.5 National Book Policy
      • 4.5.3.6 DAC (Department of Arts and Culture)
    • 4.5.4 Other supporting role players in legal deposit in South Africa
      • 4.5.4.1 Statutory bodies
      • 4.5.4.2 Professional and other associations/bodies
    • 4.6 SUMMARY
  • 5 RESEARCH DESIGN AND METHODOLOGY
    • 5.1 BACKGROUND TO THE RESEARCH PROJECT
    • 5.1.1 Introduction
    • 5.1.2 Research philosophy
    • 5.2 RESEARCH METHODOLOGY
    • 5.2.1 Research approaches
    • 5.2.2 Research methods
    • 5.3 CONDUCTING PHASE ONE
    • 5.3.1 Introduction
    • 5.3.2 Survey research
      • 5.3.2.1 Choice of the survey instrument
      • 5.3.2.2 Defining the population
      • 5.3.2.3 The sampling process
    • 5.3.3 Collection of data
      • 5.3.3.1 Qualitative interviewing
      • 5.3.3.2 Constructing the survey instrument
      • 5.3.3.3 Administering the survey instrument
      • 5.3.3.4 Data analysis
    • 5.3.4 Evaluation of research approach and methods of the qualitative study
      • 5.3.4.1 Issues surrounding reliability and validity
      • 5.3.4.2 Other issues pertaining to quality of methods and research results
    • 5.4 IMPLEMENTING PHASE TWO
    • 5.4.1 Introduction
    • 5.4.2 Pilot/feasibility studies
      • 5.4.2.1 Defining the elements included in the study
      • 5.4.2.2 Sampling procedures
    • 5.4.3 Collection and analysis of data
      • 5.4.3.1 Using ISBN lists
      • 5.4.3.2 Using book reviews
      • 5.4.3.3 Using SACat Database on Sabinet Online
    • 5.4.4 Evaluation of research methods and techniques used for the second phase of the study
    • 5.4.5 Other attempts at obtaining compliance figures
    • 5.4.5.1 Obtaining lists of publications from individual publishers and printers to check for legal deposit compliance
    • 5.4.5.2 Obtaining lists of publications in a specific category of publication to check compliance with legal deposit
    • 5.4.5.3 Obtaining information in a specific category of publications from research done by previous
    • researchers
    • 5.5 SUMMARY
  • 6 RESEARCH OUTCOMES
    • 6.1 INTRODUCTION
    • 6.2 OUTCOMES OF INTERVIEWS WITH PUBLISHERS AND LIBRARIES
    • 6.2.1 General questions asked
      • 6.2.1.1 Awareness of legal deposit in the organization
      • 6.2.1.2 Awareness of authors about legal deposit
      • 6.2.1.3 Administrative procedures with regard to legal deposit
    • 6.2.2 Questions concerning the purpose of legal deposit
      • 6.2.2.1 Preservation of the nation’s heritage
      • 6.2.2.2 Public access to the legal deposit collection
      • 6.2.2.3 Creation of a national bibliography or other databases of legal deposit material
    • 6.2.3 Opinions on the major issues covered in legal deposit legislation
      • 6.2.3.1 Number of copies to be deposited
      • 6.2.3.2 Costs
    • 6.2.3.3 Time of delivery
    • 6.2.3.4 Types of publications to be delivered
    • 6.2.4 Questions asked about communication between publishers and libraries
    • 6.2.4.1 General communication between legal deposit libraries and publishers
    • 6.2.4.2 Communication between libraries and publishers regarding non-compliance
    • 6.2.5 Issues concerning the libraries specifically
      • 6.2.5.1 Mechanisms to trace publications subject to legal deposit but not in the collection
      • 6.2.5.2 Procedures in cases of non-compliance
      • 6.2.5.3 Problems surrounding delivery of books
      • 6.2.5.4 Communication between legal deposit libraries
      • 6.2.5.5 Communication with the Legal Deposit Committee
    • 6.2.6 Responses to general open-ended questions
    • 6.2.6.1 Specific suggestions for tracing non-compliant publishers
    • 6.2.6.2 Further general suggestions for tracing errant publishers
    • 6.2.6.3 Other issues emerging from the open-ended questions
    • 6.2.6.4 Final opinions about legal deposit
    • 6.3 RESULTS OBTAINED FROM THE FEASIBILITY STUDY
    • 6.3.1 Analysis procedures
    • 6.3.2 Findings
    • 6.3.2.1 Average compliance percentages: Table
    • 6.3.2.2 Comparative compliance figures: Figure
    • 6.3.2.3 Comparative compliance levels of smaller publishers: Figure
    • 6.3.2.4 Comparative distribution of compliance averages: Figure
    • 6.4 DISCUSSION OF OUTCOMES
    • 6.4.1 Interviews
    • 6.4.2 Feasibility study
    • 6.4.3 Remarks on other efforts to obtain compliance information
    • 6.5 SUMMARY
  • 7 ASSESSMENT AND RECOMMENDATIONS
    • 7.1 INTRODUCTION
    • 7.2 LEGAL DEPOSIT IMPLEMENTATION
    • 7.2.1 Introduction
    • 7.2.2 Issues covered by legislation
    • 7.2.2.1 Number of copies to be delivered and costs of delivering
    • 7.2.2.2 Time of delivery
    • 7.2.2.3 Types of publications for delivery as legal deposit
    • 7.2.3 Monitoring of compliance with legal deposit
    • 7.2.3.1 Mechanisms for identifying legal deposit material and tracing non-complying publishers
    • 7.2.3.2 Supporting structures/mechanisms
    • 7.2.3.3 Measurement of compliance
    • 7.2.3.4 Organisational and managerial factors affecting the implementation of legal deposit
    • 7.2.3.5 Policies and procedures
    • 7.2.3.6 Communication
    • 7.2.3.7 Promotion and marketing
    • 7.2.4 Factors affecting the successful implementation of legal deposit
    • 7.2.4.1 Technological issues
    • 7.2.4.2 Copyright
    • 7.2.4.3 Attitude towards legal deposit
    • 7.2.4.4 Economic and political factors
    • 7.3 SUMMARY
  • 8 LOOKING TOWARDS THE FUTURE
    • 8.1 ISSUES FOR FURTHER CONSIDERATION
    • 8.1.1 Introduction
    • 8.1.2 Legal Deposit Technical Sub-committee Action Plan
    • 8.1.3 Legal deposit of government publications
    • 8.1.4 Legal deposit of electronic material
    • 8.2 CHALLENGES FOR THE FUTURE OF LEGAL DEPOSIT IN SOUTH AFRICA
    • 8.3 CONCLUDING COMMENTS
  • 9 BIBLIOGRAPHY
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