Legal Deposit Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/504112014003/consolide
Published: 2015-01-01

Legal Deposit Act

Passed 12.02.1997
RT I 1997, 16, 259
Entry into force 16.03.1997, partially 01.01.1998. a.
Amended by the following legal instruments (show)

Passed
Published
Entry into force

15.06.1998
RT I 1998, 61, 983
16.07.1998

19.06.2002
RT I 2002, 61, 375
01.08.2002

19.06.2002
RT I 2002, 63, 387
01.09.2002

23.11.2005
RT I 2005, 65, 495
01.06.2006

22.04.2010
RT I 2010, 19, 101
01.06.2010

22.04.2010
RT I 2010, 22, 108
01.01.2011, will enter into force on the date specified in the decision of the Council of the European Union regarding the abrogation of the derogation established in favour of the Republic of Estonia on the ground provided for in Article 140(2) of the Treaty on the Functioning of the European Union, Decision No. 2010/416/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24 26)

19.06.2014
RT I, 12.07.2014, 1
01.01.2015

19.06.2014
RT I, 29.06.2014, 109
01.07.2014, the official titles of ministers have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.

Chapter 1 GENERAL PROVISIONS  

§ 1.  Purpose of Act

(1) This Act shall determine the bases and procedure of the submission of legal deposit copies of printed publications, audiovisuals, electronic publications and web publications and the requirements for printed publications, audiovisuals, electronic publications and web publications and legal deposit copies thereof.
[RT I 2005, 65, 495 - entry into force 01.06.2006]
(2) The provisions of the Administrative Procedure Act apply to the administrative proceedings specified in this Act, taking account of the specifications of this Act.

§ 2.  Purpose and function of collecting legal deposit copies

(1) The purpose of collecting legal deposit copies is to create a comprehensive collection of printed publications, audiovisuals, electronic publications and web publications as an important part of the national culture for their bibliographic registration, maintenance of statistical records and making these items available for the need of research and artistic creation. The collected web publications shall be made available to the public via the Internet, except in the case specified in subsection 5 (3) of this Act.
(2) Collecting legal deposit copies shall ensure national storage and protection of printed publications, audiovisuals, electronic publications and web publications.
[RT I 2005, 65, 495 - entry into force 01.06.2006]

§ 3.  Definitions

For the purposes of this Act the following definitions shall apply:
1) legal deposit copy means a copy of a printed publication, audiovisual, electronic publication and web publication submitted to libraries free of charge for the performance of the purposes and functions specified in § 2 of this Act;
2) printed publication means a data carrier made using typography tools, including the Braille publications;
3) audiovisual means a data carrier perceived by means of hearing and seeing by means of using special equipment: the audio disc, audio tape, cassette tape, diapositive, film strip, video cassette, microcard and microfilm;
4) electronic publication means a data carrier recorded on a magnetic, optical or other base (a magnetic tape, magnetic disk, compact disk and others) in machine-readable form;
41) web publication means a collection of identifiable information that has been made publicly available on the Internet;
42) authorised workplace means a computer through which access is enabled to a web publication for reading thereof. Authorized workplaces are located in the National Library of Estonia and University of Tartu Library;
5) importer means persons and authorities specified in clauses 5 (1) 2) and 3) of this Act.
[RT I 2005, 65, 495 - entry into force 01.06.2006]

Chapter 2 SUBMISSION OF DEPOSIT COPY  

§ 4.  Object of legal deposit copy

(1) The object of a deposit copy are:
1) printed publications, audiovisuals or electronic publications prepared in Estonia;
2) printed publications, audiovisuals or electronic publications prepared by order in a foreign state;
3) printed publications, audiovisuals or electronic publications in the Estonian language or related to Estonia prepared in a foreign state and introduced for distribution in Estonia;
4) web publications.
(2) Legal deposit copies shall be submitted of:
1) printed publications and audiovisuals that are prepared in Estonia (clause (1) 1) of this section) or imported into Estonia (clauses (1) 2)and 3) of this section) in more than 50 copies;
2) electronic publications that are produced in Estonia (clause (1) 1) of this section) or imported into Estonia (clauses (1) 2)and 3) of this section) in more than 25 copies.
(3) Legal deposit copies shall not be submitted of the printed publications that:
1) do not contain essential information from the point of view of the national culture;
2) are original copies of graphical works.
(31) Legal deposit copies shall not be submitted of web publications, which are archived and preserved in the procedure provided for in the Archives Act..
[RT I 2010, 19, 101 - entry into force 01.06.2010]
(4) The categories of printed publications specified in clause (3) 1) of this section shall be determined by a regulation of the minister responsible for the field.
(41) The minister responsible for the field may determine by a regulation the categories of web publications not containing essential information from the point of view of the national culture, out of which legal deposit copies shall not be submitted.
(5) [Repealed - RT I 1998, 61, 983 - entry into force 16.07.1998]
(6) In the case the circulation of a printed publication, audiovisual or electronic publication is subject to destruction on the basis of a court decision, legal deposit copies shall not be considered in this circulation. A legal deposit copy of a web publication, which is entitled to be deleted on the basis of a court decision, shall not be deleted. Access to the specified web publication (only for reading) shall be available via authorised workplaces.
[RT I 2005, 65, 495 - entry into force 01.06.2006]

§ 5.  Depositor of legal deposit copies

(1) Legal deposit copies shall be submitted by all legal and natural persons, state and local government agencies that:
1) are preparing printed publications, audiovisuals or electronic publications in Estonia;
2) on whose order printed publications, audiovisuals or electronic publications have been prepared in foreign states;
3) are importing for distribution in Estonia printed publications, audiovisuals or electronic publications prepared in foreign states in the Estonian language or related to Estonia;
4) are making web publications available to the public on the Internet.
(2) Legal deposit copies of the printed publications prepared in Estonia shall be submitted by the printing house, thereby the appendixes, belonging to the set of the publication, that are not prepared by the printing house, shall be submitted by the publisher.
(3) The depositor of a web publication shall have the right to limit the use of the web publication when making it available to the public, notifying the recipient of the legal deposit copy thereof. In the specified case the using of web publication by the receiver of the legal deposit copy shall only be allowed for creation of the comprehensive collection of an essential part of the national culture, bibliographic registration, maintenance of statistical records and making these items available for the need of research and artistic creation via authorised workplaces.
[RT I 2005, 65, 495 – entry into force 01.06.2006]

§ 6.  Number of legal deposit copies

(1) The libraries specified in Chapter 3 of this Act shall be submitted:
1) eight copies of printed publications prepared in Estonia or by the order in a foreign country, except for Braille publications;
2) four copies of printed publications in Estonian or related to Estonia printed in a foreign country and imported for distribution in Estonia, except for Braille publications;
3) two copies of Braille publications;
4) two copies of audiovisuals and electronic publications;
5) one copy of web publications.
(2) The Ministry of Culture is entitled to reduce the number of legal deposit copies of a specific printed publication on the basis of a reasoned request of the publisher or importer, depending on the price, circulation or the number of imported printed publications. The reduced number of legal deposit copies may not be less than two.
[RT I 2005, 65, 495 - entry into force 01.06.2006]

§ 7.  Deadlines and shipping costs of submission of legal deposit copies of printed publications, audiovisuals and electronic publications

[RT I 2005, 65, 495 - entry into force 01.06.2006]
(1) The legal deposit copies of printed publications, audiovisuals and electronic publications shall be submitted at the latest within 20 days after completion of the first circulation or after the first imports into Estonia.
(2) The shipping costs of legal deposit copies shall be paid by the depositor.

§ 71.  Submission of legal deposit copies of web publications

(1) Submission of legal deposit copies of web publications means that the recipient of the legal deposit copy shall make a copy of a web publication.
(2) The depositor of the legal deposit copy is required to enable the making of a copy.
[RT I 2005, 65, 495 – entry into force 01.06.2006]

Chapter 3 RECEIVERS OF LEGAL DEPOSIT COPIES  

§ 8.  Receivers of legal deposit copies of printed publications prepared in Estonia or by order in foreign states

(1) Legal deposit copies of printed publications prepared in Estonia or by order in foreign states (clause 6 (1) 1)) shall be distributed as follows:
1) National Library of Estonia - 2 copies;
2) University of Tartu Library - 2 copies;
3) The Archival Library of the Estonian Literary Museum - 2 copies;
4) Academic Library of Tallinn University - 1 copy;
5) Tallinn Technical University Library - 1 copy.
(2) The legal deposit copies sent to Tallinn Technical University Library shall be distributed between other research and special libraries not specified in this section in the procedure established by the minister responsible for this field.
[RT I 2005, 65, 495 – entry into force 01.06.2006]

§ 9.  Receivers of legal deposit copies of printed publications prepared in foreign states and imported for distribution in Estonia

The legal deposit copies of printed publications in Estonian or related to Estonia printed in foreign states and imported for distribution in Estonia (clause 6 (1) 2)) are distributed as follows:
1) National Library of Estonia;
2) University of Tartu Library;
3) The Archival Library of the Estonian Literary Museum;
4) Academic Library of Tallinn University
[RT I 2005, 65, 495 - entry into force 01.06.2006]

§ 10.  Receivers of legal deposit copies upon reduction in number of legal deposit copies

In each case of the reduction in the number of legal deposit copies the receivers of the legal deposit copies are the National Library of Estonia and University of Tartu Library. If the reduced number of legal deposit copies is above two, the receiver(s) of the legal deposit copy/copies shall be determined by the Ministry of Culture.

§ 11.  Receivers of legal deposit copies of Braille publications upon reduction in number of deposit copies

Legal deposit copies of Braille publications (clause 6 (1) 3)) shall be distributed to:
1) National Library of Estonia;
2) University of Tartu Library.

§ 12.  Receivers of legal deposit copies of audiovisuals and electronic publications

Legal deposit copies of audiovisuals and electronic publications (clause 6 (1) 4)) shall be distributed to:
1) National Library of Estonia;
2) University of Tartu Library.

§ 121.  Receiver of legal deposit copies of web publications

The receiver of legal deposit copies of web publications (clause 6 (1) 5)) is the National Library of Estonia.
[RT I 2005, 65, 495 - entry into force 01.06.2006]

§ 13.  Obligations of receiver of legal deposit copies

(1) The receiver of legal deposit copies is required to ensure the storage, purposeful use and availability of legal deposit copies for the need of research and artistic creation.
(2) Legal deposit copies are marked with the sign «Legal Deposit Copy».
(3) The transfer without charge, exchange or sale of legal deposit copies is not allowed.
[RT I 2005, 65, 495 - entry into force 01.06.2006]

§ 14.  Transfer of collection of legal deposit copies

(1) Upon reorganisation or dissolution of the receiver of legal deposit copies the collection of legal deposit copies shall be transferred to another library.
(2) The issues related to the transfer of the collection of legal deposit copies shall be solved by the Ministry of Culture. The transfer of the legal deposit copies shall be carried out on the basis of a regulation of the minister responsible for the field.

Chapter 4 REQUIREMENTS FOR PRINTED PUBLICATIONS, AUDIOVISUALS AND ELECTRONIC PUBLICATIONS AND LEGAL DEPOSIT COPIES THEREOF  

§ 15.  Requirements for printed publications, audiovisuals and electronic publications

(1) A printed publication, audiovisual and electronic publication prepared in Estonia shall contain the following data:
1) name of the issuer body (for natural persons given name and surname);
2) place of issue;
3) name and address of the producer;
4) year of issue; also for journals the month and sequence number; for newspapers the date, sequence number, for serial issues sequence number.
(2) The issuer shall be responsible for the availability and accuracy of the data..

§ 16.  Requirements for legal deposit copies

(1) Legal deposit copies shall be complete, containing all appendixes.
(2) Legal deposit copies shall also be submitted of printed publications and audiovisuals of identical content but in different format.
[RT I 1998, 61, 983 - entry into force 16.07.1998]
(3) Alongside with the legal deposit copies, a delivery order containing the following information shall be submitted to the National Library of Estonia:
1) name (for natural persons given name and surname) and address of the depositor.;
2) number of submitted copies for each title;
3) size of the published circulation or number of imported items.
(4) Additional production of printed publications, audiovisuals or electronic publications or import to Estonia thereof shall be reported to the National Library of Estonia by the depositor. of legal deposit copies no later than within 20 days, indicating the size of the additionally produced circulation or the amount imported.
(5) The National Library of Estonia is required to maintain the confidentiality of the data specified in clause (3) 3) and subsection (4) of this section and they may use these data only for official statistics..

Chapter 5 RESPONSIBILITY 
[Repealed - RT I, 12.07.2014, 1 - entry into force 01.01.2015]

§ 17.  Violation of requirements of Legal Deposit Act

[Repealed - RT I, 12.07.2014, 1 – entry into force 01.01.2015]

Chapter 6 IMPLEMENTATION OF ACT  

§ 18.  Entry into Force of Act

In the part concerning the submission of legal deposit copies of electronic publications this Act shall enter into force on 1 January 1998.
§ 19.  [Omitted from this text.]
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