Brochure, Legal deposit

Regulations
Instructions

ACT No. 32 of 9 June 1989 relating to
THE LEGAL DEPOSIT OF GENERALLY AVAILABLE DOCUMENTS

Proposition No. 52 to the Odelsting, Recommendation No. 67 to the Odelsting and Resolution No. 84 (1988-89) of the Odelsting. Decision of the Odelsting of 20 May and of the Lagting of 25 May 1989. Presented by the Ministry of Cultural and Scientific Affairs.

Section 1. The purpose of the Act
The purpose of this Act is to ensure that documents containing generally available information are deposited in national collections, so that these records of Norwegian cultural and social life may be preserved and made available as source material for purposes of research and documentation.

Section 2. Geographical sphere of application
The King may determine that the Act shall also apply to Svalbard and the Norwegian part of the continental shelf.

Section 3. Definitions
For the purposes of this Act, the following definitions shall apply:

• -medium: a means of storing information,
• -document: one or more identical copies of a medium by which information is stored for subsequent reading, listening, showing or transmission,
• -publisher: any person who at his own expense produces or arranges for the production of a document in order to make it available to the public,
• -producer: any person who produces copies of a document for a publisher,
• -importer: any person who at his own expense brings into the country a document published abroad in order to make it available to the public in Norway.

A document is made available to the public when

• -copies of the document are offered for sale, hire or loan, or when the document is distributed in other ways outside the private domain,
• -information contained in the document is made available outside the private domain by means of presentation, showing, broadcasting, on-line transmission, and the like.

Section 4. What shall be deposited
Documents that are made available to the public shall be deposited as follows:

• -documents of paper or a paper-like medium, microforms and photographs in seven copies,
• -sound fixations, films, videograms, electronic documents and combinations of these types of documents in two copies,
• -recordings of broadcasting programmes in one copy.

Documents produced abroad shall only be deposited if they are produced for a Norwegian publisher or specially adapted to the Norwegian public.

The King may grant exemption from or limit the obligation to deposit and may make special regulations concerning the required form or quality of deposit copies and the information that is to accompany the document.

Section 5. Who is obliged to deposit and other conditions of deposit
The obligation to deposit may be imposed on the publisher, producer and importer of a document that has been made available to the public, as well as on any person who is entitled by law or by licence to engage in broadcasting.

Documents shall be deposited without remuneration. If the cost of producing the deposit copies represents a very large expense for the depositor, the depository may on application refund all or part of such production costs.

The cost of sending the document to the depository shall be borne by the depositor.

The King will prescribe further rules concerning who is obliged to make a legal deposit, where the document that is subject to deposit shall be sent, the time when a document shall be sent and how it shall be sent.

Section 6. When the depositor is not competent to act
In the event of bankruptcy or death, the estate shall fulfil the obligation to deposit.

Section 7. Seized or confiscated documents
If a document which is subject to legal deposit has been seized or confiscated, the King may order the prosecuting authority to ensure that the document is deposited.

Section 8. Enforcement of the obligation to deposit
The obligation to deposit pursuant to provisions laid down in or pursuant to this Act is legally enforceable.

Section 9. Penalties
Any person who wilfully or negligently contravenes any provision laid down in or pursuant to this Act is liable to fines.

Section 10. Commencement
This Act shall come into force on the date decreed by the King. On the same date Act No. 2 of 9 June 1939 relating to the legal deposit of printed matter to public libraries shall be repealed.

Royal Decree of 25 May 1990:

Commencement of Act No. 32 of 9 June 1989 relating to the legal deposit of generally available documents and delegation of regulatory powers

I
Act No. 32 of 9 June 1989 relating to the legal deposit of generally available documents shall come into force on 1 July 1990. On the same date Act No. 2 of 9 June 1939 relating to the legal deposit of printed matter to public libraries and appurtenant regulations of 12 September 1940 and 8 June 1956 shall be repealed.

II
The powers vested in the King pursuant to sections 4, 5 and 7 of the Act are hereby delegated to the Ministry of Church and Cultural Affairs.

III
The Ministry of Church and Cultural Affairs is authorized to lay down instructions for the administration of the material to which the State is entitled pursuant to the new Act.

REGULATION S RELATING TO
THE LEGAL DEPOSIT OF
GENERALLY AVAILABLE DOCUMENTSLaid down by the Ministry of Church and Cultural Affairs on 25 May 1990 in pursuance of Act No. 32 of 9 June 1989 relating to the legal deposit of generally available documents and Royal Decree of 25 May 1990.

Chapter 1. General provisionsSection 1. Form and quality
Unless it is otherwise specially provided, or apparent from the context, a document shall be deposited in the form in which it has been made generally available.

The deposit copy shall include any cover, case, etc. which accompanies the generally available document.

The deposit copy shall be complete and flawless.

The depository may lay down further rules regarding form and quality.

Section 2. Appurtenant information
Each consignment of documents shall be accompanied by a list of the contents of the consignment, cf. supplementary provisions for the various types of documents.

The depository may make further rules regarding appurtenant information and require that this be provided on a prescribed form.

Section 3. Packaging and consignment
The deposit copy shall be properly packed when sent. If the copy is damaged, and such damage is due to negligence on the part of the depositor, the sender shall send another copy without delay.

The depository may lay down further rules regarding packaging, methods of consignment, etc.

Section 4. Time when a document shall be sent
Unless otherwise specially provided, the publisher and the importer shall send in a deposit copy at the latest when the document is made available to the public.

The producer shall send in a deposit copy not later than one month after the document was produced.

The depository may make an agreement with the depositor regarding another time for sending in the deposit copy.

Section 5. Address to which the document shall be sent for deposit
The National Library of Norway, Rana Branch, is the depository for paper documents, microforms, photographs, combined documents, electronic documents and recordings of broadcasting programmes.

The University of Oslo Library is the depository for sound fixations.

The Norwegian Film Institute is the depository for films and videograms.

The depository for the type of document in question may determine that subgroups of material within a type of document shall be sent direct to one or more of the institutions to which the deposit copies shall be distributed.

Section 6. Division of the obligation to deposit
In the case of documents of paper and the like and photographs, these regulations - cf. sections 10 and 17 below - lay down as a general rule that the obligation to deposit shall be divided between the publisher and the producer. When it is expedient for practical or other special reasons, the depository for the type of document in question may determine that the obligation shall be divided differently or place the burden of making a legal deposit entirely on one of the parties obliged to do so.

Section 7. Limitations
A document is not subject to legal deposit if it

• is produced in Norway for a publisher located abroad solely with a view to a foreign market;
• is made available solely by handing out, showing or presentation in connection with educational measures, lectures, etc.

The depository may modify or grant total exemption from the obligation to deposit when special reasons so warrant.

Chapter 2. Documents of paper, etc.Section 8. Scope
Documents of paper and the like shall be deposited in a total of seven copies.

Paper and the like encompasses information on all mediums (e.g. plastic) which are used in the same way as traditional paper.

When information is stored in a database so that copies of the document may be made on paper and the like on demand, the document on paper shall be deposited pursuant to the provisions for this type of document.

The obligation to deposit encompasses:

• Books.
• Series (numbered and unnumbered) of e.g. reports, treatises and offprints.
• Serials - e.g. magazines, weeklies, newspapers, company newspapers, members' journals and parish newspapers.
• Brochures.
• Leaflets and appeals.
• Instruction booklets, catalogues and folders - e.g. museum guidebooks, exhibition catalogues and tourist handbooks.
• Acts, regulations, statutes and by-laws for companies, clubs, institutions and organizations.
• Price lists and printed advertising material.
• Programmes, e.g. for sports events, concerts and theatre presentations and programmes for political parties.
• Circulars.
• Tables, e.g. wage scales.
• Annual reports, quarterly reports, etc. from companies, clubs, institutions and organizations.
• Printed pictures, maps and music, graphic tables and plans, posters and postcards, vistas and wall charts.
• Documents in Braille when the information is only available in this form of writing.
• Other generally available documents on paper and the like which are not specifically mentioned among the exceptions pursuant to section 9 of these Regulations.

Section 9. Exceptions
The following documents shall not be subject to legal deposit:

• Forms, etc. to be filled in.
• Labels, embossed writing paper and envelopes, visiting cards, address cards, and the like.
• Printed packaging in the retail trade.
• Documents in Braille if identical information is available in normal print.
• Documents which essentially contain information that is directly extracted from other generally available documents (e.g. funeral hymns).
• Games, cut-out pictures and calendars with no text other than dates.
• Invitations and menus.
• Tickets, lottery tickets and other tokens of value.
• Works of art such as paintings, prints, and the like.

Section 10. Deposit by the publisher, producer and importer
When the document is produced in Norway, two copies shall normally be deposited by the producer and five by the publisher.

The publisher shall deposit all the required deposit copies

• of newspapers;
• when parts of the document have been produced by several producers;
• when he produces the document himself or has it produced abroad.

The producer shall deposit all the required deposit copies if the publisher is located abroad.

The importer shall deposit all the required deposit copies if both the producer and the publisher are located abroad.

Chapter 3. MicroformsSection 11. Scope
Microforms shall be deposited in seven copies in the case of an original publication, and in three copies when the microform is a parallel or secondary publication of a document in another medium.

Microforms comprise documents on film and the like with writing, drawings or pictures that have been reduced so much in size that the information cannot be understood without technical aids.

Microforms shall be deposited even if they have only been made in one original to be copied on demand.

Section 12. Form and quality
One of the deposit copies shall be of a quality appropriate for long-term storage and copying.

Deposit copies shall bear identifying text that is legible without technical aids. This text shall be formulated according to international or national standards.

Section 13. Exceptions
Microforms which have been made by a public institution in order to protect original documents in its own collections are not subject to deposit, even if copies are disseminated to other persons.

Section 14. Deposit by the publisher and importer
The publisher shall deposit all the required deposit copies.
The importer shall deposit all the required deposit copies if the publisher is located abroad.

Chapter 4. PhotographsSection 15. Scope
A photograph of which at least 500 copies have been made in order to make it available to the public as an independent document shall be deposited in seven copies.

For the purposes of these Regulations, the term "photograph" means copies of a photograph - the positives, negatives and slides - and not the original film.

Section 16. Appurtenant information
Each consignment of photographs shall be accompanied by information concerning the photographer, owner and other copyright-holders, the subject, the time and place at which and the circumstances in which the photographs were taken.

Section 17. Deposit by the publisher, producer and importer
When the photograph is produced in Norway, two copies shall normally be deposited by the producer and five by the publisher.

A publisher who produces the photograph himself, or who has it produced abroad, shall deposit all the required deposit copies.

The producer shall deposit all the required deposit copies if the publisher is located abroad.

The importer shall deposit all the required deposit copies if both the producer and the publisher are located abroad.

Chapter 5. Combined documentsSection 18. Scope
When documents in different mediums constitute a complete unit - e.g. packages of teaching materials - the publisher shall deposit two complete copies. The importer shall deposit the copies if the publisher is located abroad.

If one or more of the elements in the combined document is a document of paper and the like, a microform or photograph, the publisher shall deposit an additional five copies of these elements.

Chapter 6. Sound fixationsSection 19. Scope
Sound fixations shall be deposited in two copies. Both music and speech (e.g. "talking books") fall within the scope of this provision.

When sound fixations are published on different mediums - e.g. a gramophone record, cassette and compact disc - two copies of each type shall be deposited.

Section 20. Appurtenant information
Each consignment of sound fixations shall be accompanied by information concerning the publisher, the producer (record pressing plant, production plant, etc.), the distributor and the copyright.

Section 21. Deposit by the publisher or importer
The publisher (record company and the like) shall deposit both copies.

The importer shall deposit both copies if the publisher is located abroad.

Chapter 7. FilmsSection 22. Scope
Films shall be deposited in two copies. The obligation to deposit applies irrespective of length or content.

Section 23. Form and quality
One copy shall be an unused master copy with accompanying sound track. When special reasons so warrant, the depository may alternatively consent to or request the deposit of the internegative.

The other copy shall be a working copy in good condition.

If the publisher of the film is located abroad, but the film is subject to legal deposit pursuant to section 4, second paragraph, of the Act, two working copies shall be deposited.

Section 24. Appurtenant information
The film copy shall be accompanied by information concerning the publisher, the laboratory, the distributor, the participants, the year of production, the length, copyrights, etc.

Section 25. Time of deposit
The master copy (or the internegative, if appropriate) shall be sent in pursuant to the provisions of section 4, while the working copy shall be deposited not later than one year after the first public showing.

Section 26. Deposit by the publisher or importer
The publisher shall deposit both the master copy and the working copy.

If the publisher is located abroad, the importer shall deposit two working copies.

Chapter 8. VideogramsSection 27. Scope
A videogram shall be deposited in two copies if at least 50 copies of the videogram have been made or imported.

Section 28. Appurtenant information
The requirement regarding appurtenant information for films, cf. section 24, applies correspondingly to videograms.

Section 29. Deposit by the publisher or importer
The publisher shall deposit both copies.

If the publisher is located abroad, the importer shall deposit both copies.

Chapter 9. Electronic documentsSection 30. Scope
Electronic documents of which at least 50 copies have been made or imported as hard disks, floppy disks, diskettes, magnetic tapes, tape cassettes and the like shall be deposited in two copies.

Electronic documents which are available by means of on-line transmission on a telecommunications, television, data communications network or the like shall be deposited in two copies at the specific request of the depository in each individual case.

Section 31. Deposit by the publisher or importer
The publisher shall deposit both copies.

If the publisher is located abroad, the importer shall deposit both copies.

Chapter 10. Recordings of broadcasting programmesSection 32. The Norwegian Broadcasting Corporation
The Norwegian Broadcasting Corporation shall deposit recordings of all radio and television programmes, subject to the limitations imposed by the Berne Convention.

The recordings shall be sent to the depository not later than six months after the first time the programme was broadcast.

Section 33. Other broadcasting
Any person holding a licence to engage in broadcasting in Norway shall deposit recordings of programmes at the specific request of the depository, which will make further rules concerning this.

INSTRUCTIONS

FOR INSTITUTIONS WHIC H ADMINISTER

DOCUMENTS DEPOSITED PURSUANT TO

ACT NO. 32 OF 9 JUNE 1989 RELATING TO

THE LEGAL DEPOSIT OF

GENERALLY AVAILABLE DOCUMENTS

Laid down on 25 May 1990 by the Ministry of Church and Cultural Affairs
I
The depositories, namely the National Library of Norway, Rana Branch, the University of Oslo Library and the Norwegian Film Institute shall, for the type of document for which each institution is the responsible depository, ensure compliance with the obligation to make a legal deposit.by means of information measures and control and reminder routines.

II
Of documents of which seven copies are to be deposited, the National Library of Norway, Rana Branch shall forward the copies received to the university libraries in Oslo (two copies), Bergen, Trondheim and Tromsø, as well as to:

• the Sami Library in Karasjok when a substantial portion of the contents are in the Sami language
• the Norwegian Film Institute when the document is directly connected with a film or videogram that is subject to legal deposit.

III
Forwarding shall as a rule take place not later than the second working day after the copy has been received at the National Library of Norway, Rana Branch, but the National Library of Norway, Rana Branch, and the relevant libraries may agree on other routines for the forwarding of certain groups of material.

When one or more of the libraries to which the deposit copies shall be distributed do not wish to have certain subgroups of documents sent to them, an agreement to this effect may be made between the library in question and the National Library of Norway, Rana Branch.

IV
If the National Library of Norway, Rana Branch, has received fewer copies than the seven prescribed by the Act, the copies received shall be disposed of in the following order of priority:

• the first copy to be kept at Rana as the safe-deposit copy,
• the second copy to be sent to the University of Oslo Library,
• the third-to-fifth copies to be sent to the university libraries in Bergen, Trondheim and Tromsø, in a regularly rotating order of priority,
• the sixth copy to be sent to the University of Oslo Library,
• the seventh copy to be kept at Rana as the interlibrary loan copy.

In the case of documents that are to be sent to the Sami Library in Karasjok or the Norwegian Film Institute, these addressees shall have third priority and the other libraries shall be given lower priority accordingly.

V
In the case of documents of which one or two copies have been deposited at the National Library of Norway, Rana Branch, a working copy shall be forwarded to the University of Oslo Library in accordance with a further agreement between these institutions.

VI
The University of Oslo Library shall forward one safe-deposit copy of deposited sound fixations to the National Library of Norway, Rana Branch, every third month.

VII
The Norwegian Film Institute shall forward one copy of deposited videograms to the National Library of Norway, Rana Branch, every third month.

VIII
All copies of documents that have been deposited pursuant to section 7 of the Act shall be sent to and stored by the National Library of Norway, Rana Branch, in a special, locked storeroom.

IX
The National Library of Norway, Rana Branch, has an obligation that is subject to no time limit to preserve one copy of all documents as a safe-deposit copy. The Norwegian Film Institute has a corresponding obligation with regard to the master copy of films.

X
The depositories shall register the documents received as soon as possible. Unimportant documents may be archived and grouped according to subject and nature without registering each individual document.

The University of Oslo Library is responsible as before for cataloguing at national library level and for appurtenant catalogue products.

XI
All the institutions which administer copies of deposited documents have an obligation to ensure that all use takes place within the limits of the copyright rules in force at any given time.