Annex A: Proposals for Offline and Microform Publications


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Introduction
3.1      LDAP was set up in September 2005 to advise the Secretary of State on the implementation of the 2003 Act and to make recommendations. They have worked at arm’s length from Government and developed their own work programme concentrating on three areas of non-print material for the collection and preservation of: 
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• UK Offline and Microforms Publications; 
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• UK Online Publications, free of charge and without access restrictions; 
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• UK Commercial and Protected Online Publications.
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3.2      This Chapter looks at the recommendations LDAP made for Offline and Microform Publications. 
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LDAP’s Recommendations  
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3.3      For Offline and Microform Publications LDAP considered four options:
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• Option 1: Publisher Archiving
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• Option 2: Unregulated Voluntary Code of Practice, no active requesting by libraries
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• Option 3: Self-Regulated Voluntary Scheme, with active requesting by libraries (recommended)
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• Option 4: Statutory regulations. 
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Option 1
3.4      Publisher Archiving. Under this option the libraries would not seek to build a central archive, and the nation would rely entirely upon the private sector. Publishers would retain copies of their own publications specifically for archival purposes, with various access and cost arrangements, resulting in several archives behind multiple commercial barriers (this is not entirely dissimilar to the current publisher practice of maintaining back catalogues or online archives). 
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Option 2
3.5      Unregulated Voluntary Code of Practice. In 2000, representatives from the Legal Deposit Libraries and the publishing Trade Associations drew up a Code of Practice for the Voluntary Deposit of Microform and Offline Publications. This encouraged publishers to deposit with Libraries; however, they could choose whether and how to deposit. Under this option the Code would become permanent, encouraging publishers to deposit offline and microform publications. However, there would be no governance or additional support from industry bodies apart from publicising the Code itself. In addition, the Libraries would not actively identify or request publications.
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Option 3
3.6      Self-Regulated Voluntary Scheme, with active requesting by Libraries. This option would enhance the Voluntary Code above by establishing a formal, lasting agreement and governance structure via LDAP, to include Memoranda of Understanding signed by Libraries and publishers, a monitoring and annual reporting scheme, and five-yearly reviews both of effectiveness of the scheme and of the trend in the number of relevant publications. Publishers would be actively encouraged to deposit by their Trade Association representatives; Libraries would actively identify relevant publications and request deposit when necessary.
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Option 4
3.7      Statutory regulations. Government regulation, under the Legal Deposit Libraries Act 2003, would oblige publishers to deposit, free of charge, one copy with the British Library and, upon request, up to five additional copies for the remaining libraries, on the same basis as already applies to printed publications. The Libraries would be entitled (but not legally obliged) to identify relevant publications that had not already been deposited and to claim them from the publishers. 
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Government Proposals  
3.8      We have considered the detailed proposals provided by LDAP and are content to accept their recommendation of a Self-Regulated Voluntary Scheme, with active requesting by Libraries.
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3.9      We reserve the right to monitor the scheme to ensure that the nation’s published output (and thereby its intellectual record and future published heritage) is collected systematically, and as comprehensively as possible. Should the need arise we will regulate at the appropriate time under the powers available to us in the 2003 Act.
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3.10   Therefore we are not seeking any formal responses on this proposal.

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