Law On The Deutsche Nationalbibliothek

Original Language Title: Gesetz über die Deutsche Nationalbibliothek

Read the untranslated law here: http://www.gesetze-im-internet.de/dnbg/BJNR133800006.html

Law on the Deutsche Nationalbibliothek (DNBG) DNBG Ausfertigung date: 22.06.2006 full quotation: "law on the Deutsche Nationalbibliothek by June 22, 2006 (BGBl. I S. 1338), by article 15 paragraph 62 of the law of February 5, 2009 (BGBl. I p. 160) is changed" stand: as amended by article 15 para 62 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 29.6.2006 +++) § 1 legal status, seat (1) is the German national library (library) the Central archive library and national bibliographic Centre of the Federal Republic of Germany.
(2) the library is a legal federal institution of under public law with the German library in Leipzig, the Deutsche Bibliothek Frankfurt am Main and the German music archive. It is headquartered in Frankfurt am Main.

§ 2 duties, powers the library has the task, 1 a) from 1913 in Germany published media works and b) 1913 abroad published German-speaking media works, translations of German-language media works in other languages and foreign language media works on Germany in the original to collect, to inventory to tap bibliographically increasing, to secure in the long term and to make available to the general public, and to provide central library and national bibliographic services , 2. 1933-1945 German exile archive, the Anne-Frank-Shoah library as well as the German book and Scripture Museum to operate, 3 with the specialised bodies of in Germany and abroad to work together and to participate in national and international professional organizations.

§ 3 media works (1) media works are all representations in writing, image and sound, which are distributed or made available in intangible form of the public in physical form.
(2) media works are all representations on paper, electronic media and other media in physical form.
(3) media works are all representations on public networks in intangible form.
(4) cinematographic works, which is not the music in the foreground, as well as works sent only in broadcasting are subject to the provisions of this Act.

§ 4 Statute, use, cost requirement (1) which gives library is a statute, which shall be adopted by the Board of Directors, by a majority of three quarters of its members. It requires the approval of the Supreme Federal authorities responsible for culture and the media and is to be published in the Federal Gazette.
(2) the holdings of the library are an acceptable use policy available, which the Board of Directors shall be adopted by the general public in accordance with.
(3) the use of resources and the use of the library services are generally subject to a charge. The further regulates a costs order, which shall be adopted by the Board of Directors. It needs the approval of the Supreme Federal authorities responsible for culture and the media.

§ 5 organs, organs of the library are 1 the Board of Directors, 2. the Director-General or the Director-General, 3. the Councils.

§ 6 Board of Directors (1) the Board of Directors has 13 members. These are determined in accordance with the points 1 to 4.
1. the German Bundestag sends two people;
2. the Federal Government sends three people including at least two from the Supreme Federal authorities responsible for culture and media;
3. the Stock Exchange Association of the German book trade sends three people;
4. the Deutsche Forschungsgemeinschaft, the German music publishers association, the Federal Association of phonographic industry, the city of Frankfurt am Main and the city of Leipzig send one person each.
A Deputy or a deputy shall be appointed for each Member.
(2) the presiding a member delegated by the Federal Government and belonging to the Supreme Federal authorities responsible for culture and the media.
(3) the Board of Directors is quorate if more than seven members are present. It decides by a simple majority vote unless this law provides no other requirements. Vote decides the voice of or of the Chairperson.
(4) the Board of Directors decides on all matters that are for the library and its development of fundamental or substantial economic importance. He notes in particular the budget, relieves the Director-General or the Director-General upon completion of the audit, and gives its opinion on proposed regulations according to § 20. He monitored the fulfilment of the tasks of the library. The Board of Directors may delegate powers in the matters referred to in sentence 1 the Director-General or the Director of the library in the individual case.
(5) further regulates the Statute.
(6) or the Chairman of the Board of Directors is the Supreme Administrative authority. He or she may delegate individual powers that follow from this, the Director-General or the Director of the library.

§ 7 Director General, Director-General (1) the Director General or the General Director manages the Affairs of the library. If not the Board of Directors decides on all matters of the library he or she, or as the Supreme Administrative authority of whose Chairman or Chairman is responsible.
(2) the General Manager or the General Manager represents the library and out of court. He or she is superior or superior and superior service supervisor of the library staff.

§ 8 Advisory Committees (1) the Advisory Board shall advise the Administrative Board and the Director-General or the Director-General in all matters concerning the library. In the special issues of the German music archives, they are advised by the Advisory Board for the German music archive.
(2) as members of the Advisory Committee, the Board of Directors appoints up to 12 experts; Half of the members of the Advisory Board is appointed on the proposal of the Association of the German book trade. Also, the Chairman or the Chairman of the Advisory Board for the German music archive belongs to the Advisory Board.
(3) as members of the Advisory Board for the German music archive, the Board of Directors appoints up to 12 experts; ever a quarter of the members of the Advisory Board is appointed on the proposal of the German of music publishers association and the Federation of the phonographic industry. Also the Chairman or the Chairman of the Advisory Council is the Advisory Board for the German music archive.
(4) the further regulates the Statute.

§ 9 legal supervision top federal agency, responsible for culture and the media leads the legal supervision of the library.

§ 10 civil servants, civil servants (1) the library has Service Mr ability within the meaning of section 2 of the federal civil servants Act.
(2) the Director-General or the Director-General and the Permanent Representative Permanent Representative in Leipzig and Frankfurt am main shall be appointed on the proposal of the Board of Directors of the Federal President or the President. The proposal requires a majority of two-thirds of the members of the Board of Directors.
(3) or the Chairman of the Board of Directors appoints the remaining civil servants and officials, as far as not these powers by the articles of Association is transfer of the Director-General or the Director-General.

§ 11 workers, workers on the employment of employees, workers, and workers are the collective agreements applicable for workers and employees of the Federal Government and regulations apply. When an insolvency event, the Federal Government makes them would be payments to the same extent as entitled to insolvency money.

§ 12 the Federal building, housing and rent Affairs rules home care for the library and its staff accordingly.

§ 13 budget, auditing (1) for the household, point-of-sale, and accounting, as well as for the accounting and auditing the library find the provisions applicable to the federal application.
(2) decisions on the adoption of the budget and discharge the Director General or Director General upon completion of the audit requires a majority of two thirds of the members of the Board of Directors. Decisions on budgetary matters require the consent of the representatives of the Federal Government, while in these matters whose votes can be dispensed only uniformly.
(3) the budget requires the approval of the Supreme Federal authorities responsible for culture and the media.
(4) the budget will be provided by the Federal Government in accordance with the federal budget.

§ 14 delivery obligations (1) the Ablieferungspflichtigen have media works in physical form by section 2 to deliver letter a in duplicate in accordance with § 16 sentence 1 No. 1. Music notes, which merely lent or rented (rental or Leihmateriale), have to deliver the Ablieferungspflichtigen in single copy in accordance with § 16 sentence 1.
(2) the Ablieferungspflichtigen have media works under § 2 No. 1 to deliver letter b in single copy in accordance with § 16 sentence 1, if an owner or an owner of the original right of distribution has a seat, a permanent establishment or resident in Germany.
(3) the Ablieferungspflichtigen have no. 1 media works in intangible form according to § 2 to deliver letter a in single copy in accordance with § 16 sentence 1.
(4) is satisfied the obligation to delivery within a week since the beginning of the distribution or the public accessibility of the media work, is three weeks entitled otherwise to obtain the media works at the expense of the Ablieferungspflichtigen reminder and fruitless expiry of the library.

§ 15 Ablieferungspflichtige Ablieferungspflichtig is, who has the right to distribute the work of media or to make publicly available and has a seat, a permanent establishment or resident in Germany.

§ 16 delivery methods that have Ablieferungspflichtigen the media works completely, in perfect and not temporary facilities condition and for permanent archiving through the library suitable to deliver free of charge and at his own expense within a week since the beginning of the distribution or the public accessible at the library or the by the notified body. Media works can be deployed in intangible form according to the requirements of the library to pick up.

Article 17 information disclosure the Ablieferungspflichtigen have free of charge to provide information necessary for the fulfilment of their tasks on demand library on delivery of the media works. They do not meet this obligation, the library is entitled otherwise to obtain the information on costs of the respondents after a month since the beginning of the distribution or making available to the public.

Article 18 grants for media works in physical form granted the library the Ablieferungspflichtigen at the request of a subsidy for the cost of copies to be delivered, if the unpaid tax represents an unreasonable burden. The further lays down a legal regulation.

§ 19 penalty provisions (1) any person is, who 1. contrary to article 14, paragraph 1, 2 or 3 a media work not, incorrectly, incompletely, delivered not in the prescribed manner or in a timely manner or 2. contrary to section 17, sentence 1 shall not, incorrectly, incompletely or not in time an information.
(2) any person is who negligently commits an act referred to in paragraph 1 as commercially operating Ablieferungspflichtige or as commercially operating Ablieferungspflichtiger.
(3) the offence can be punished with a fine up to ten thousand euros.
(4) managing authority within the meaning of § 36 para 1, no. 1 of the code of administrative offences is the library.

Article 20 Member responsible for culture and the media of the Federal Government is authorized to children carry out of the mandatory delivery and a no reasonable effort of the library and inequities to avoid regulation authorization, to govern by Decree: 1 the restriction of the drop-off - or of collecting duty for certain types of media works, if for their collection, inventory, development, protection and harnessing of no public interest , 2. the nature of the media works subject of delivery and the delivery in cases where a media work in different editions or versions is distributed or made public, 3. the procedure of delivery of media works and 4. the conditions and the procedure for the granting of financial aid.

Article 21 national regulations according to the national rules on the delivery of media works remain unaffected.

Article 22 entry into force, expiry of this law enters into force on the day after the announcement.