Annex B: Proposals for Online Publications


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Introduction
3.1      These proposals cover UK Online Publications which are available free of charge and without access restrictions.
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3.2      They do not include UK Commercial and Protected Online Publications.
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LDAP’s Recommendations
3.3      For online publication LDAP considered three options:
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• Option 1: Legal Deposit Library Permissions-based Harvesting and Archiving
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• Option 2: Legal Deposit Library regulation-based Harvesting and Archiving Recommended)
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• Option 3: Archiving Left to the Market
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Option 1
3.4      Legal Deposit Libraries Permissions-based Harvesting and Archiving. This option might be considered as the equivalent of a voluntary code for deposit, in that it will not be subject to regulation, but it presumes that legal deposit Libraries will actively harvest (‘pull’) material, rather than imposing any duty or encouragement upon publishers to deposit. Thus the main burden of activity rests on the Libraries to take periodic copies of websites and documents, then ingest them into an archive for preservation. However Libraries may only do so after obtaining copyright permission in writing from the publishers or owners of the material; in responding to these requests, online publishers must give permission on behalf of third party rights-holders.
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Option 2
4.5      Legal Deposit Libraries Regulation-based Harvesting and Archiving. This option presumes that libraries, or agents on their behalf, will actively harvest (‘pull’) material, rather than imposing any duty or encouragement upon publishers to deposit. Thus the main burden of activity rests on the Libraries to take periodic copies of freely available online publications and documents, then ingest them into an archive. However regulation would allow Libraries to do so without needing to contact the publishers or owners of the material.
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Option 3
4.6      Archiving Left to the Market. This option proposes there is no central, public sector initiative, and that archiving would be left to the private sector and market forces. Moreover, Libraries would not actively seek to harvest or build a national archive for freely available online publications. Individual publishers might approach a Library to archive material on its behalf; this would be subject to separate negotiations and cost-benefit analysis for the specific circumstances.
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Question 1: What are your views on the options considered for this content?
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Question 2: Are there any other options that should have been considered? If so what are they?
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LDAP’S Analysis
4.7      Permissions-based harvesting (Option One) would capture a minute proportion of freely available online publications. In addition, a less than comprehensive collection would come at a much higher cost per unit for publishers and Libraries. Permission is only successfully obtained in 30% of cases (based on UKWAC figures).
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4.8      Archiving left to the market (Option Three) makes it impossible to deliver a comprehensive or freely available collection. Whilst some professional publishers do archive their own material, all the available evidence suggests that the vast majority of individual publishers of freely available online publications within the UK domain do not. Therefore a substantial proportion of the UK’s cultural and intellectual output will be lost forever.
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4.9      LDAP recommends Regulation-based Harvesting and Archiving (Option Two) for the deposit of freely available online publications, to enable Libraries to gather and preserve publications as defined within the Recommendation, and make them available according to the 2003 Act. This deposit option secures the benefits inherent in preserving for future generations a comprehensive archive of the UK’s online intellectual and cultural heritage (it is estimated that up to 79% of material in scope could be captured and archived within available resources), at a manageable and proportionate cost, not only for publishers and libraries, but also to the public.
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Question 3: Do you agree with the analysis of these options? Explain why.
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4.10   Rate of Deposit: The large number of freely available online publications and the rate of increase (about 15% per annum) expected pose a challenge to creating a comprehensive collection in the most efficient way possible. Harvesting provides the most efficient and timely solution for deposit of publications in this category: regulations-based harvesting specifically ensures the greatest amount can be collected to build the most comprehensive collection for future generations.
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Question 4: Do you agree that harvesting provides the most efficient and timely solution for deposit of publications in this category? Explain why.
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4.11   Proportionality: Regulation is an appropriate response to the enormous number of publishers and publications in this category. It is the most cost-efficient method of collection for the Libraries and imposes no direct financial or administrative burden upon the publishers.
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Question 5: Do you agree regulation is the most cost-efficient method of collection for the Libraries and imposes no direct financial or administrative burden upon the publishers? Explain why.
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4.12   Existing Harvesting Activities and Infrastructure: Whilst Libraries have not yet been able to harvest widely across the whole UK domain, much of the technical infrastructure and expertise that they would need is already in place. They have practical experience of permissions-based harvesting for the UK Web Archiving Consortium. In addition, the International Internet Preservation Consortium (IIPC), of which the British Library and National Library Scotland (NLS) are members, is developing tools, infrastructure and the policies for addressing the challenges of collection and preservation internationally. Moreover, knowledge gained from other national Libraries that already carry out domain-level harvesting (e.g. in France, Denmark, New Zealand and Australia) will also assist its implementation in the UK. Indeed, the UK legal deposit Libraries estimate that they could begin harvesting on this basis, up to 80% in scale, within existing resources and within a very short time of implementation.
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4.13   Civil Liabilities: Although it cannot eliminate all potential risks, regulation would protect both publishers and Libraries from such civil liabilities as copyright infringement and defamation.

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