Looking at the Malta Libraries Act 2011, even though it is a comprehensive work for a small country like Malta, only paragraph 10 and 11 deal specifically with legal deposit, with paragraph 11 being a small paragraph about electronic documents. Such paragraphs are quite limited in their description and this leaves a lot of room for improvement. In 2011, a basic outline for electronic documents might have sufficed but the constant exponential increase of online material requires a more detailed law. In comparison, countries like Britain, Australia and even New Zealand have whole Acts on Legal Deposits only and very detail Notices or regulations about electronic documents and non-print material. By comparing the Legal Deposit Libraries (Non-Print Works) Regulations 2013 of the United Kingdom and the National Library Requirement (Electronic Documents) Notice 2006 of New Zealand a model for Malta can be drafted.

1.
The
Need
for
a
Legal
Deposit
Law
in
Malta
–
Comparing
New
Zealand’s
and
The
United
Kingdom’s
Case
to
Draft
a
Legal
Deposit
Act
for
Malta
By
Ryan
Scicluna
Library
Assistant
Outreach
Department
University
of
Malta
Library
Tel:
2340
2541
e-­‐mail:
ryan.scicluna@um.edu.mt
http://www.um.edu.mt/library

2.
Looking
at
the
Malta
Libraries
Act
2011,
even
though
it
is
a
comprehensive
work
for
a
small
country
like
Malta,
only
paragraph
10
and
11
deal
specifically
with
legal
deposit,
with
paragraph
11
being
a
small
paragraph
about
electronic
documents.
Such
paragraphs
are
quite
limited
in
their
description
and
this
leaves
a
lot
of
room
for
improvement.
In
2011
a
basic
outline
for
electronic
documents
might
have
sufficed
but
the
constant
exponential
increase
of
online
material
requires
a
more
detailed
law.
In
comparison,
countries
like
Britain,
Australia
and
even
New
Zealand
have
whole
Acts
on
Legal
Deposits
only
and
very
detail
Notices
or
regulations
about
electronic
documents
and
non-­‐print
material.
By
comparing
the
Legal
Deposit
Libraries
(Non-­‐Print
Works)
Regulations
2013
of
the
United
Kingdom
and
the
National
Library
Requirement
(Electronic
Documents)
Notice
2006
of
New
Zealand
a
model
for
Malta
can
be
drafted.
New
Zealand’s
Case
The
New
Zealand
Libraries
Act
1965
was
reviewed
and
revised
in
2003.
With
this
new
edition
of
the
law
the
legal
deposit
section
was
expanded
upon
to
examine
contributions
made
by
legal
deposit
to
the
National
Library’s
role
of
maintaining
a
comprehensive
collection
and
record
of
knowledge
relating
to
New
Zealand.
It
also
explored
the
options
available
for
extending
legal
deposit
to
cover
knowledge
recorded
in
formats
not
covered
by
the
previous
legislation.
Prior
to
the
extension
to
legal
deposit,
the
National
Library
had
to
ask
permission
to
copy
electronic
publications.
The
process
was
inefficient
with
some
publishers
simply
ignoring
the
Library’s
request
and
others
declining
to
allow
their
sites
to
be
harvested.
However
it
was
the
new
forms
of
online
publication
that
challenged
the
National
Library’s
collection
Mandate
the
most.
For
these
reasons
The
National
Library
saw
electronic
legal
deposit
as
a
means
of
ensuring
that
New
Zealand’s
digital
heritage
would
be
available
in
perpetuity.
Penny
Carnaby,
then
National
Librarian,
noted
“we
do
not
want
to
fail
the
future
by
leaving
a
gap
in
New
Zealand’s
history
because
we
were
to
slow
or
unwilling
to
confront
the
challenge
of
digital
preservation
now.”
(Elliott,
2011)
While
the
Act
provided
for
the
extension
of
legal
deposit
to
electronic
publications,
secondary
legislation
was
required
to
bring
certain
provision
into
force.
In
2006
the
National
Library’s
Minister
issued
the
National
Library
Requirement
(Electronic
Documents)
Notice
2006.

3.
This
specified
further
the
law
that
deals
exclusively
on
electronic/digital
documents.
The
notice
interprets
different
media
and
definitions
that
relate
to
electronic
material
such
as
off-­‐line
document
and
optical
media
(Paragraph
3,
National
Library
Requirement
(Electronic
Documents)
Notice
2006).
It
also
tries
to
clearly
define
terms
for
the
online
environment
such
as
publishing.
These
definitions
help
to
make
clear
what
falls
under
such
law.
That
is
why
for
the
National
Library
Requirement
(Electronic
Documents)
Notice
2006
it
was
important
to
avoid
wording
and
definitions
that
would
rapidly
date
any
new
provisions.
Such
technicalities
might
seem
trivial
however
having
the
proper
structure
in
a
clear
defined
way
will
avoid
any
unnecessary
misunderstanding
between
all
stakeholders
involved.
One
such
case
was
the
expressed
concerns
about
the
breadth
of
the
definition
of
public
document.
To
avoid
provisions
in
the
Act
rapidly
going
out
of
date
a
broad
definition
was
essential.
Such
a
definition
covered
material
collected
by
other
archives
but
not
the
National
Library.
This
also
avoided
duplications
of
collections
and
exemptions
from
the
requirement
to
deposit.
The
Notice
also
makes
a
distinction
between
an
online
electronic
document
and
an
off-­‐line
one.
This
allows
for
the
collection
of
digitally
born
published
online
documents
even
though
they
are
not
available
online
in
any
other
format.
Such
a
distinction
allows
a
shift
from
an
“obligation
to
deposit”
to
an
“obligation
to
copy”
approach
(Elliott,
2011).
Concern
was
expressed
about
the
costs
to
publishers
to
submit
their
legal
deposit
copies
in
physical
formats.
The
electronic
documents
notice
had
the
potential
to
significantly
increase
such
costs
for
electronic
material.
These
issues
were
addressed
by
shifting
responsibility
from
the
publishers
onto
the
Library
i.e.
publishers
are
obliged
to
deposit
physical
format
publications,
books,
serial,
newspapers,
DVDs
and
CDs.
However
the
National
Library
is
obliged
to
harvest/copy
online
public
documents
(Paragraph
8,
National
Library
Requirement
(Electronic
Documents)
Notice
2006).
As
an
example,
the
National
Library
of
New
Zealand
(te
puna
matauranga
o
aotearoa)
Act
2003, obliges
the
publisher
of
a
public
document
(other
than
internet
document)
to
give
to
the
National
Librarian,
at
the
publisher’s
own
expense,
a
specified
number
of
copies
(not
exceeding
3)
in
print
format
or
for
electronic
documents,
in
the
medium
that
contains
the
document
(Paragraph
31).
In
the
National
Library
Requirement
(Electronic
Documents)
Notice
2006
this
is
further
expanded
and
referred
to
as
the
off-­‐line
document.

4.
In
such
a
case
the
publisher,
at
his
own
expense,
must
supply
1
copy
or
more
copies
to
the
National
Librarian
as
follows;
2
copies
of
the
medium
or
device
that
contains
the
document
or
1
copy
of
the
medium
or
device
that
contain
the
document,
if
-­‐
i)
the
document
is
a
single
discrete
item
the
of
which
exceeds
$1,000
or
ii)
the
document
is
available
for
an
annual
subscription
that
exceeds
$3,000
(Paragraph
5).
The
superseded
Act
did
not
have
the
same
flexibility
and
specific
distinctions.
Something
that
the
Notice
does
not
expand
upon
is
the
access
provisions
for
the
electronic
documents
under
legal
deposit,
even
though
New
Zealand
publishers
strongly
expressed
their
concerns
about
the
potential
electronic
legal
deposit
to
impact
their
commercial
interests
(Elliott,
2011).
However
the
National
Library
of
New
Zealand
(te
puna
matauranga
o
aotearoa)
Act
2003
addresses
such
issues
in
paragraph
34
(3)
and
(4)
stating
that
the
provision
listed
apply
for
physical
and
electronic
documents.
The
act
also
specifies
that
it
was
still
required
to
abide
by
the
copying
provisions
of
the
New
Zealand
Copyright
Act.
United
Kingdom’s
situation
New
formats
and
the
sheer
volume
of
published
electronic
material
have
challenged
the
New
Zealand’s
National
Library’s
approach
to
the
collection
of
electronic
documents.
The
National
Library
Requirement
(Electronic
Documents)
Notice
2006
allowed
the
Library
to
develop
different
strategy
guides
for
such
a
task.
Similarly
the
United
Kingdom
developed
a
separate
Act
for
the
Non-­‐print
material
that
still
fall
under
legal
deposit.
Similar
to
New
Zealand
in
2003
a
new
Legal
Deposit
Act
Libraries
Act
was
given
royal
assent
in
2003.
This
legislation
did
not
bring
legal
deposit
of
non-­‐print
publications
into
effect,
but
created
a
framework
within
which
allowed
for
this
to
be
achieve
through
secondary
legislation.
This
secondary
legislation
came
in
the
form
of
The
Legal
Deposit
Libraries
(Non-­‐Print
Works)
Regulations
2013
in
April
2013.
Such
regulations
come
into
effect
due
the
concerns
expressed
by
many,
especially
the
Chief
executive
of
the
British
Library,
who
wrote
of
the
“danger
of
creating
a
digital
black
hole
for
future
historians
and
writers”
unless
urgent
action
is
taken
to
preserve
web
sites
and
other
digital
records
“to
ensure
that
our
digital
future
can
be
a
rich
gold
mine
and
not
a
void”
(Gibby,
2012).

5.
The
Legal
Deposit
Libraries
(Non-­‐Print
Works)
Regulations
2013
are
more
detailed
and
comprehensive
than
the
New
Zealand
ones.
Before
the
actual
regulations
there
are
a
set
of
considerations
by
the
Secretary
of
State
that
clarify
the
consultations
made
for
these
Regulations,
the
equal
priority
with
regards
other
laws
and
also
justifies
the
costs
incurred
as
a
result
of
these
Regulations.
Part
one
which
deals
with
the
introduction
has
an
expanded
list
of
definitions
and
interpretations
to
furthermore
clarify
terms
such
as
computer
terminal,
IP
address,
permanent
collection
and
web
harvester
(Paragraph
2
(1)).
Part
2
deals
primarily
with
exemptions
for
micro-­‐businesses
and
new
businesses.
This
is
a
very
interesting
section
as
it
offers
an
insight
into
new
ways
by
which
the
government
creates
initiatives
designed
to
promote
economic
growth
by
encouraging
new
business
and
giving
start-­‐ups
and
micro-­‐
businesses
“breathing
space”
from
the
constant
flow
of
new
domestic
statutory
requirements
(Gibby,
2012).
In
this
paragraph
one
finds
a
definition
of
what
is
defined
by
micro-­‐businesses
and
new
businesses
(Paragraph
5
and
7(1))
and
also
what
these
types
of
businesses
are
exempted
from
(Paragraph
4).
It
is
very
interesting
to
see
the
level
of
detail
by
which
the
regulations
try
to
account
for
everything.
Such
an
example
of
this
is
the
detailed
explanations
about
the
number
of
employees
in
paragraphs
9,
10
and
11.
When
it
comes
to
the
part
of
the
Deposit
itself,
like
New
Zealand
the
act
makes
a
distinction
between
online
works
and
off-­‐line.
Defining
also
for
what
non-­‐print
works
this
Act
applies
to
and
what
to
do
with
regards
new
and
alternative
editions
(Paragraph
13
and
14
respectively).
Paragraph
15
(2)
specifies
the
entitlement
of
delivery
of
off-­‐line
work
where
a
copy
must
be
submitted
to
the
British
Library
Board
within
one
months
of
publication,
however
each
other
deposit
library
even
though
entitled
for
a
copy
must
submit
their
requests
with
provisions
under
paragraph
15
(4).
For
online
works
the
Act
presumes
a
default
process
in
which
content
is
harvested
by
the
deposit
libraries
and
publisher-­‐initiated
deposit
is
only
an
option
at
the
publisher’s
choice,
rather
than
a
requirement.
This
is
very
similar
to
the
shift
of
obligations
in
New
Zealand’s
case.
However
the
UK
model
is
described
in
terms
of
an
obligation
for
the
publisher
to
deliver
material
by
electronic
means
in
automated
responses
to
a
request
from
the
library
(Gibby,
2012).
This
becomes
clear
in
paragraph
16
(3)
specifies
that
if
there
is
no
agreement
between
a
publisher
and
the
deposit
library,
delivery
of
work
must
be
made
by
means
of
a
web
harvester
from
one
or
more
IP
addresses
by
the
deposit
library.
Paragraph
16
(4)
continues
to
explain
the
provisions
in
case
a
web
page
contains
a
login
facility.

6.
When
it
comes
to
new
formats
of
technology
one
must
keep
in
mind
the
proper
tools
and
requirements
that
are
needed
in
order
to
view
or
use
certain
formats.
In
this
regard
paragraph
17
requires
publishers
to
provide
additional
material
such
as
manual,
computer
programs,
data
or
information
that
is
required
to
make
the
deposited
work
accessible
and
functional
to
the
public.
The
permitted
activities
of
the
deposit
libraries
are
explained
in
detail
and
this
holds
the
deposit
libraries
responsible
for
what
they
collect
and
what
and
how
to
make
it
accessible
to
the
public.
A
copyright
owner
or
database
right
owner
may
make
a
request
in
writing
to
a
deposit
library
to
withhold
access
to
a
relevant
material
for
a
specific
period
of
time
(Paragraph
25
(1)).
The
Regulations
also
specify
lending
between
legal
deposit
libraries
(Paragraph
19),
how
certain
material
is
to
be
accessible
by
readers
(Paragraph
23)
even
those
visually
impaired
(Paragraph
26).
Since
the
2003
Act
contains
a
clause
which
prohibits
all
uses
of
deposited
material
as
default
except
in
ways
specified
by
the
regulations,
there
was
no
need
to
have
special
paragraphs
on
this
issue.
However
the
Regulations
do
make
specific
provisions
on
supplying
copies
for
research
(Paragraph
27)
and
copying
or
adapting
relevant
material
for
preservation
(Paragraph
29
and
30
respectively).
The
Regulations
do
the
extra
step
of
supplying
a
form
of
declaration
for
the
copying
of
relevant
material
which
is
to
be
filled
in
by
the
person
requesting
the
copy
in
accordance
with
the
regulations.
Another
important
issue
that
the
New
Zealand
Notice
does
not
address
is
the
disposal
of
relevant
material.
Paragraph
31
declares
that
copies
must
be
destroyed
however
at
least
one
version
of
the
material
must
be
retained
and
that
this
version
should
be
the
version
which
the
deposit
library
considers
most
suitable
for
preservation.
Such
detailed
legislation
makes
for
efficient
procedures
that
ensure
the
preservation
of
the
digital
heritage
of
the
UK.
Similarly
New
Zealand
and
the
UK
cover
important
issues
in
their
respective
legislations.
A
Draft
for
Malta
In
the
UK,
developing
e-­‐legal
deposit
legislation
has
been
a
slow
but
extensive
process,
covering
a
wide
range
of
issues
with
detailed
discussion
and
negotiations
between
the
deposit
libraries,
publishers
and
a
wide
variety
of
other
stakeholders.
Even
though
the
UK
was
amongst
the
first
countries
to
be
actively
considering
non-­‐print
legal
deposits
it
still
took
over
10
years
to
iron
out
the
details
for
said
legislation.

7.
When
we
look
at
the
case
for
Malta
we
have
to
keep
in
mind
that
notwithstanding
the
fact
that
we
are
a
small
country
compared
to
New
Zealand
and
the
UK,
the
Maltese
public
create
a
huge
number
of
works
that
should
fall
under
Legal
Deposit.
The
2011
Libraries
Act
is
a
detailed
and
compact
law
however
when
it
comes
to
the
legal
deposit
of
printed
works
it
does
not
specify
alternative
provisions
for
different
formats
regardless
of
costs.
It
also
does
not
specify
ways
in
which
such
work
are
to
be
accessible
to
the
public
and
how
the
deposit
library
is
to
make
use
of
deposited
copies.
For
non-­‐printed
works,
paragraph
11,
only
gives
the
deposit
library
the
right
to
download,
copy
or
store
electronic
documents
published
via
networks
or
otherwise
available
online,
for
the
purpose
of
public
access
within
the
premises
of
the
library,
and
for
the
preservation
of
the
national
published
output
deemed
necessary
for
the
long-­‐term
national
memory
and
future
use
(Malta libraries act 2011).
Electronic
document
is
defined
as
a
document
regardless
of
form
or
medium
produced
using
electronic
means
to
make
information
available
to
the
public
and
stored
in
computers
or
other
storage
media,
which
can
be
accessed
or
displayed
either
on
a
computer
monitor,
on
other
storage
media
or
as
a
print-­‐out.
A
more
detailed
and
flexible
law
is
require
which
clearly
identifies
what
is
required
from
publishers
and
what
is
the
duty
of
the
deposit
library
with
regards
online
and
off-­‐line
content.
The
Act
should
also
contain
clear
definitions
of
specific
material
so
that
more
precise
provisions
can
be
outlines
for
different
material.
Another
consideration
that
should
be
made
in
the
Maltese
context
is
non-­‐print
material
such
as
audio
visual.
The
UK
has
a
separate
legislation
for
such
material
nonetheless
within
the
Maltese
context
this
can
be
outlined
together
with
an
e-­‐document
legislation
due
the
similar
nature
of
the
contents,
the
formats
and
accessibility.
Even
if
there
is
a
clearly
defined
law
that
addresses
every
issue
of
legal
deposit
unless
the
deposit
library
has
the
infrastructure
and
equipment
to
carry
out
the
obligations
of
the
law
the
process
of
Legal
deposit
will
not
be
an
efficient
and
accurate
one.
The
law
give
the
deposit
library
a
legal
tool
for
its
mandate
however
if
the
proper
application
of
such
a
law
is
not
enforced
by
said
deposit
library
it
will
all
result
in
a
futile
exercise
with
the
national
bibliographic
output
that
suffers
because
of
it.

8.
Draft
for
Maltese
Legal
Deposit
Regulations
(Print,
non-­‐print
and
audio-­‐visual
material)
Part
1
-­‐
Interpretations
1
-­‐
(1)
In
these
Regulations,
unless
the
context
otherwise
requires,
“the
Act”
means
the
Malta
Libraries
Act,
2011;
“computer
terminal”
mean
a
terminal
on
a
library
premises
controlled
by
the
deposit
library
from
which
a
reader
is
permitted
to
view
relevant
material;
“medium”
is
any
means
of
storing
information
or
communication;
“National
Librarian”
means
the
head
of
the
Malta
Libraries
appointed
under
article
5
of
this
Act;
“National
Library”
means
the
National
Library
of
Malta;
“publication”
means
any
published
document,
record,
or
work,
regardless
of
form
or
medium,
including
printed,
audio-­‐visual,
microform,
electronic
hand-­‐held
or
online
documents,
records
or
work,
made
available
to
the
public
whether
freely,
on
loan,
or
for
sale;
“publisher”
means
any
person
or
body
corporate
responsible
for
making
available
to
the
public
any
publication,
regardless
of
form
or
medium,
irrespective
of
whether
such
person
is
the
author,
printer,
producer
or
other
person
or
body
making
finished
copies
of
such
publication;
“off-­‐line
works”
means
an
electronic
document
that
is
not
an
Internet
document,
and
includes
an
electronic
document
that
is
stored
or
used
by
means
such
as;
(a)
magnetic
media
(for
example,
a
floppy
disk,
hard
drive,
an
audiotape,
or
a
videotape):
(b)
optical
media:
(c)
an
electronic
storage
device
(for
example,
a
universal
serial
bus
device
(USB)
or
memory
card)

9.
“optical
media”
includes;
(a)
a
compact
disc
(CD)
and
variants
of
a
CD;
and
(b)
a
digital
versatile
disc
(DVD)
and
variants
of
a
DVD
“publish”
means;
(a)
in
the
case
of
an
off-­‐line
document,
making
the
docu-­‐ment
publicly
available
by
issuing
copies
of
the
public
document
to,
or
making
copies
of
the
public
document
available
on
request
by,
a
member
of
the
public,
whether
or
not
there
is
any
restriction
on
the
acquisition
of
the
document
by
members
of
the
public
(as
by
payment
of
a
price
or
fee);
and
(b)
in
the
case
of
an
Internet
document,
making
the
docu-­‐ment
publicly
available
on
the
Internet,
whether
or
not
there
is
any
restriction
on
access
to
the
document.
“non-­‐print
media”
refers
to
both
non-­‐print
digital
documents
and
audio-­‐visual
material
“audio-­‐visual
material”
refer
to
works
published
primarily
in
the
formats
of
moving
pictures
such
as
videos,
movies
and
films
and
sound
recordings.
It
also
includes
other
non-­‐print
formats
available
online.
Part
2
-­‐
Deposit
2
-­‐
(1)
The
act
applies
to
the
following
descriptions
of
work
published
in
Malta;
(a)
publications
and
audio-­‐visual
material
off-­‐line.
(b)
publications
and
audio-­‐visual
material
online.
(2)
Exempted
from
the
publications
described
in
paragraph
2(1)
include:
(a)
personal
publications
and
data
published
online
through
social
media
networks.
(b)
personal
audio-­‐visual
material
published
through
social
media
networks.
(c)
publications
and
audio-­‐visual
material
published
before
these
Regulations
were
made.

10.
3
-­‐
Where
substantially
the
same
work
is
published
in
Malta
in
print
and
in
one
or
more
non-­‐print
media,
the
National
Librarian
decides
in
which
format
or
medium
such
a
work
is
to
be
deposited
to
the
National
Library
by
a
written
request
to
the
publisher.
4
-­‐
Where
substantially
the
same
work
is
published
in
Malta
in
two
or
more
non-­‐print
media
(and
is
not
published
in
print),
the
The
National
Librarian
decides
in
which
format
or
medium
such
a
work
is
to
be
deposited
the
National
Library
by
a
written
request
to
the
publisher.
5
-­‐
With
regards
paragraphs
(3)
and
(4),
the
cost
of
the
deposit
shall
be
incurred
by
the
publisher
if;
(a)
the
cost
of
the
work
does
not
exceed
100
Euros.
(b)
the
work
is
available
for
commercial
use.
6
-­‐
With
regards
paragraphs
(3)
and
(4),
the
cost
of
the
deposit
shall
be
agreed
upon
by
the
Deposit
Library
and
the
publisher
if;
(a)
the
cost
of
the
work
exceed
100
Euros.
(b)
the
work
is
considered
to
be
rare
and
of
a
significant
historical
value.
(c)
the
work
is
produced
in
limited
quantities
or
was
part
of
a
private
collection.
7-­‐
Deposit
of
off-­‐line
work
still
falls
under
the
provisions
of
paragraphs
2(1),
3
and
4,
however
the
National
Library
can
decide
what
works
are
to
be
deposited
by
a
request
from
the
National
Librarian
submitted
to
the
publisher
of
said
works.
8
-­‐
The
National
Library
is
entitled
to
the
delivery
of
works
as
mentioned
in
paragraphs
2
(1),
3
and
4
within;
(a)
one
month
for
print
published
works.
(b)
one
month
for
audio-­‐visual
published
works.
(c)
one
month
for
online
non-­‐print
media.
(d)
three
months
for
offline
works,
commencing
from
the
date
of
the
written
request
for
the
deposit
of
such
works
made
by
the
National
Librarian.

11.
9
-­‐
Requests
made
by
the
National
Librarian
must
be
made
within
12
months
beginning
with
the
day
of
the
publication
of
requested
works.
10
-­‐
For
online
material
any
request
for
delivery
of
a
work
must
be
made
by
the
deposit
library
by
means
of
a
web
harvester
from
one
or
more
IP
addresses
dedicated
for
the
purpose
of
making
requests
under
this
paragraph
to
the
IP
address
from
which
the
work
is
made
available
to
the
public.
11
-­‐
A
request
by
a
deposit
library
under
paragraph
(10)
made
in
respect
of
a
webpage
which
contains
a
login
facility
will
be
deemed
to
be
a
request
for
the
work
or
works
available
behind
that
login
facility
provided
that
the
deposit
library
has
given
the
publisher
at
least
one
month’s
notice
in
writing
before
making
the
request.
12
-­‐
Delivery
of
a
work
requested
under
paragraph
(10)
must
be
by
electronic
means
and
by
automated
response
to
the
request
made
by
the
web
harvester.
13
-­‐
When
making
a
request
under
paragraph
(10)
for
work
or
works
available
behind
a
login
facility,
a
deposit
library
must
use
any
relevant
login
details
provided
to
it
by
the
publisher.
14
-­‐
A
deposit
library
must
not
use
such
login
details
for
any
purpose
except
for
compliance
with
these
Regulations.
15
-­‐
The
publisher
of
a
work
delivered
under
regulation
2(1)
or
regulation
7
must
deliver
at
the
same
time;
(a)
a
copy
of
any
computer
program
or
any
other
data
or
information
necessary
to
access
the
work;
and
(b)
a
copy
of
any
manual
and
other
material
that
accompanies
the
work
and
is
made
available
to
the
public.
16
-­‐
(1)
Subject
to
paragraph
2(1)(a),
a
work
published
on
line
shall
be
treated
as
published
in
Malta
if;
(a)
it
is
made
available
to
the
public
from
a
website
with
a
domain
name
which
relates
to
Malta
or
to
a
place
within
Malta
or
(b)
it
is
made
available
to
the
public
by
a
person
and
any
of
that
person’s
activities
relating
to
the
creation
or
the
publication
of
the
work
take
place
within
Malta.

12.
(2)
A
work
published
online
shall
not
be
treated
as
published
in
Malta
if
access
to
the
work
is
only
made
available
to
persons
outside
Malta.
Part
3-­‐
Accessibility
and
Use
17
-­‐
A
deposit
library
may
transfer
or
lend
relevant
material
to
any
other
deposit
library.
18
-­‐
A
deposit
library
may
use
relevant
material
for
the
purposes
of;
(a)
reviewing
and
maintaining
the
relevant
material,
and
(b)
the
deposit
library’s
own
non-­‐commercial
research
(whether
the
subject
matter
of
the
research
is
the
permanent
collection
or
not).
19
-­‐
A
deposit
library
must
ensure
that
only
one
computer
terminal
is
available
to
readers
to
access
the
same
relevant
material
at
any
one
time.
20
-­‐
A
deposit
library
must
ensure
that
audio-­‐visual
material
can
only
be
accessed
within
the
premises
of
the
deposit
library
either;
(a)
through
optical
media
with
security
certificates
that
do
not
allow
copying
or
saving
of
said
audio-­‐visual
material
or
(b)
stored
digitally
on
the
deposit
library’s
serves
with
security
certificates
that
do
not
allow
copying,
saving
or
downloading
of
said
audio-­‐visual
material.
21
-­‐
In
the
case
of
relevant
material
which
is
work
published
on
line,
at
least
seven
days
must
elapse
from
the
date
of
delivery
of
that
relevant
material
to
the
deposit
library
before
a
reader
may
be
permitted
to
view
it.
22
-­‐
(1)
A
copyright
owner
or
database
right
owner
in
relation
to
relevant
material
may
make
a
request
in
writing
to
a
deposit
library
to
withhold
access
to
that
relevant
material
from
readers
for
a
specified
period
of
time.
(2)
The
deposit
library
receiving
the
request
must
comply
with
that
request
if
the
following
conditions
are
met;

13.
(a)
the
period
specified
in
the
request
does
not
exceed
two
years
from
the
date
on
which
the
request
is
made;
(b)
the
deposit
library
is
satisfied
on
reasonable
grounds
that,
for
the
period
specified
in
the
request,
viewing
of
the
relevant
material
by
a
reader
would,
or
would
be
likely
to,
unreasonably
prejudice
the
interests
of
the
person
making
the
request
or
is
of
conflict
with
a
the
commercial
interests
of
the
individual.
(3)
The
entitlement
to
make
a
request
under
paragraph
22
(1)
includes
an
entitlement
to
make
subsequent
requests,
and
(subject
to
paragraph
22
(4))
a
deposit
library
must
comply
with
a
subsequent
request
if
the
conditions
in
paragraph
22
(2)
are
met
in
relation
to
that
request.
(4)
If
a
subsequent
request
seeks
to
extend
the
specified
period
of
time
relating
to
an
earlier
request
made
under
paragraph
(1),
that
subsequent
request
must
be
made
at
least
one
month
before
the
specified
period
expires.
23
-­‐
(1)
A
deposit
library
may
copy
relevant
material
if
the
copy
is
made
in
any
of
the
circumstances
falling
within
paragraph
23
(2).
(2)
The
circumstances
are
that
the
copy
is
made
(whether
from
the
relevant
material
itself
or
from
a
copy
made
by
the
deposit
library
by
virtue
of
this
regulation)
in
order;
(a)
to
preserve
or
replace
the
relevant
material
by
placing
the
copy
in
the
permanent
collection
in
addition
to
or
in
place
of
the
relevant
material;
(b)
to
replace
the
relevant
material
in
the
permanent
collection
of
another
deposit
library
if
that
relevant
material
has
been
lost,
destroyed
or
damaged.
(3)
A
copy
may
be
made
by
virtue
of
this
regulation
in
a
different
medium
or
format
from
the
relevant
material
if
the
deposit
library
considers
the
change
is
necessary
or
expedient
for
the
purpose
for
which
the
copy
is
made.
(4)
Paragraph
23
(1)
does
not
apply
if
database
right
subsists
in
the
relevant
material.
24
-­‐
(1)
A
deposit
library
may
adapt
relevant
material
if
the
adaptation
is
made
in
any
of
the
circumstances
falling
within
paragraph
24
(2).

14.
(2)
The
circumstances
are
that
the
adaptation
is
made
(whether
from
the
relevant
material
itself
or
from
a
copy
made
by
the
deposit
library
by
virtue
of
regulation
23)
for
the
following
purposes;
(a)
To
preserve
or
replace
the
relevant
material
by
placing
the
adaptation
in
the
permanent
collection
in
addition
to
or
in
place
of
the
relevant
material;
(b)
To
replace
the
relevant
material
in
the
permanent
collection
of
another
deposit
library
if
that
relevant
material
has
been
lost,
destroyed
or
damaged.
(3)
An
adaptation
may
be
made
by
virtue
of
this
regulation
in
a
different
medium
or
format
from
the
relevant
material
if
the
deposit
library
considers
the
change
is
necessary
or
expedient
for
the
purpose
for
which
the
adaptation
is
made.
(4)
Paragraph
24
(1)
does
not
apply
if
database
right
subsists
in
the
relevant
material.
25
-­‐
(1)
A
deposit
library
may
dispose
of
relevant
material,
or
copies
or
adaptations
of
relevant
material,
by
destroying
it
but
must
retain
at
least
one
version
of
any
relevant
material.
(2)
The
version
or
versions
retained
by
a
deposit
library
must
be
the
version
or
versions
which
the
deposit
library
considers
most
suitable
for
the
preservation
of
the
relevant
material.
Part
4
-­‐
Obligation
of
the
National
Library
26
-­‐
The
National
Library
is
obliged
to
publish
a
Malta
National
Bibliography
every
two
years.
27
-­‐
The
Malta
National
Bibliography
shall
include
all
legal
deposits
received
by
the
National
Library
within
time
period
stipulated
in
paragraph
26.
Failure
to
publish
such
a
list
will
have
the
National
Library
liable
to
fines
which
are
to
be
equivalent
to
the
number
of
deposited
items
deposited
within
the
National
Library.
28
-­‐
In
order
to
give
publishers
some
reassurance,
Maltese
publishers
can
take
the
National
Library
to
court
if
the
National
Library
infringes
regulations
as
mentioned
in
paragraph
26
and
27.
29
-­‐
The
National
Library
is
obliged
to
invest
in
the
necessary
infrastructure
to
store
all
legal
deposit
materials
regardless
of
in
which
format
or
medium
they
are,
to
provide
the
right
access
for
such
material,
and
to
facilitate
the
publishing
of
the
Malta
National
Bibliography
as
per
regulation
26
and
27.

15.
30
-­‐
The
National
Library
has
the
obligation
to
preserve
both
print
and
audio-­‐visual
material
and
make
all
legal
deposits
accessible
for
present
readers
as
per
regulations
17,
18,
19,
20
and
21
whilst
also
preserving
material
for
future
generations
with
the
best
technologies
present
for
preservation.
31
-­‐
Failure
to
comply
with
regulations
29
and
30
the
National
Library
can
hold
the
present
government
directly
responsible
and
request
compensation
in
any
form
to
rectify
such
issues
directly
from
said
government.
32
-­‐
The
government
is
obliged
to
assist
the
National
Library
in
the
enforcement
of
this
Act
and
act
as
the
direct
entity
responsible
for
the
National
Library.

16.
References
Elliott, A. (2011). Electronic legal deposit: The new zealand experience. 193 - e-Legal Deposit: From
Legislation to Implementation; from Ingest to Access - Bibliography Section with IFLA-CDNL
Alliance for DIgital Strategies Programme (ICADS), Information Technology, National Libraries
and Knowledge Management, Puerto Rico.
Gibby, R., & Brazier, C. (2012). Observations on the development of non-print legal deposit in the UK.
Library Review, 61(5), 362.
Gibby, R., & Green, A. (2008). Electronic legal deposit in the united kingdom. New Review of Academic
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