Legal deposit

The following IIPC members collect web archives as part of their country’s copyright deposit legislation:

Country Notes Resources
Austria Since 2009. Access on-site in ONB; access should be widened to 20 regional libraries.
Canada Since 2004. Allows web archiving and extends legal deposit to online publications; can demand passwords/technical information. Legislation does not cover public access provisions. See Canada – Québec on next chart for additional information.
Croatia Since 1997. Access via Internet,  permission not required. In case of publisher’s restrictions, access on-site only (one user at the time).
Denmark Since 2004. Allows harvesting and demand for passwords and other information from publishers. Access only by researchers on individual application.
Estonia Since 2006. Can collect and make available, but owner has right to request restricted access.
Finland Legal deposit law allows harvesting; copyright law allows copying for preservation.

Access to the archived documents and the full text index is only in the premises of the legal deposit libraries. It is possible to check from anywhere a website or document has been harvested certain URL (and which versions are available). Although not part of the legislation, there are practices when it comes to deleting documents from the web archive. The practices applied may vary; removal of illegal materials and occasionally, on request, documents which were never meant to be publicly available in the Web.

France

 

Since 2006. Responsibility shared between l’Institut national de l’audiovisuel (INA) and the Bibliothèque nationale de France (BnF). Access on-site and limited to accredited users.

(Internet Memory Foundation, a not-for-profit body based in France and the Netherlands, is not covered by legal deposit legislation.)

Germany
Iceland Since 2002. Access both on-site and via Internet.
Israel Legal deposit law does not require deposit of online resources. The National Library Law, 2007 permits the national library to harvest Internet sites for the sake of preservation. The Minister of Education and the Minister of Justice are authorized to determined the terms and conditions for public access to the harvested sites.
Japan Since 2010. Allows harvesting government and government-related institutions websites.

(Permission required for access through Internet).

In 2012, Law amended: The National Diet Library authorized to archive e-books published in Japan. (Coming into force in July 2013)

New Zealand Since August 2006. Allows web harvesting and extends legal deposit to electronic publications. If the document is openly available online, or the owner has given permission, then the archived copy will be available online. If online access to the document is restricted, then the archived copy will be restricted to 3 concurrent users within the Katherine Mansfield Reading Room at the National Library in Wellington.
Norway Legal deposit since 1990. Harvesting since 2002. A revised version of the Norwegian Act on Legal Deposit came into force 1st January 2016. The new law enables the National Library of Norway (NLN) to do full domain harvests of the Norwegian top level domain (.no), as well as to collect websites outside the .no-domain that are either owned by Norwegian institutions or individuals, or adapted to Norwegian users. The revised law also makes it possible for the NLN to make the web archive available for research and documentation purposes.
Slovenia Legal deposit law since 2006. Allows harvesting, can demand passwords and/or  access to password protected content. Deposit is also possible.

Online access, owner can restrict access to on-site only.

Spain Harvesting since 2009 under the general Legal Deposit law. Since 2015, under the Royal Decree regulating legal deposit of online publications. Legal deposit competencies are shared between National Library of Spain (BNE) and regional libraries. Allows harvesting, permission not required. Copyright law allows copying for preservation. In case of publisher’s restrictions the Library can demand passwords and/or  access to password protected content. Deposit is also possible in such cases. Access on-site should be given at BNE and regional libraries.

More information (in English):

Sweden Can collect but no access.
United Kingdom IIPC Members:

  • British Library
  • U.K. National Archives
  • The National Library of Scotland
  • Hanzo Archives (Commercial web archiving service)

Access to Legal Deposit content is provided on Legal Deposit Libraries’ premises.

From 6 April 2013, legal deposit also covers material published digitally and online, so that the Legal Deposit Libraries can provide a national archive of the UK’s non-print published material, such as websites, blogs, e-journals and CD-ROMs. UK Legal Deposit Libraries include

  • The British Library
  • Bodleian Libraries of the University of Oxford
  • Cambridge University Library
  • The National Library of Scotland
  • The Library of Trinity College, Dublin
  • The National Library of Wales

More information

The following member countries use permission, fair use or opt-out based systems to collect web archives. Many are awaiting legal deposit legislation:

Country Notes Resources
Australia Individual permissions (copyright licenses) are required to archive and provide access. Legal deposit provisions in two jurisdictions, Northern Territory and Western Australia (pending regulation), cover web materials and one jurisdiction, Tasmania, possibly so. There are arrangements in place permitting the collection of government web material at the federal level and in some state jurisdictions.
Canada – Québec Currently permission-based for digitals publications since 2001 and for Web sites since 2009. Hoping law on legal deposit will be extended to permit archiving of digitals publications and web sites.Authorization of the editors to disseminate the digital publications and web sites is required.

See Canada on previous chart for additional information.

Catalonia
China No legislation about web archiving.
Czech Republic Websites can be crawled and accessed on-site without permission. Permissions to provide access off-site sought for selective crawls. Websites from selective harvest for which permission to provide off-site access was not granted, as well as all domain crawls and topical collections, can be accessed on the library premises.
Egypt The Bibliotheca Alexandrina hosts mirror of Internet Archive
Netherlands Access on-site; aim to have Internet access in the future.

 

Poland Legal Deposit Law since 1996, doesn’t cover web archiving.
Singapore Currently permission-based, hoping law on legal deposit will be extended to electronic publications.
South Korea
Switzerland Fair use approach, sending information to website owner before harvesting. Access only on-site and in partner libraries.
United States IIPC Members:

  • Library of Congress
  • U. S. Government Printing Office
  • Internet Archive
  • University of North Texas Libraries
  • California Digital Library
  • Columbia University
  • Hanzo Archives (Commercial web archiving service)
  • Harvard University Libraries

Each have different archiving and access policies.

Sample policies:

Library of Congress:

Site owners notified of intent to crawl; in some cases permission is required for archiving and for offsite access. Government websites (U.S. Federal, State, and Local) archived without notification or permission.

More information

 IFLA STATEMENT ON LEGAL DEPOSIT (Endorsed by the Governing Board of IFLA, at its meeting in Den Haag, The Netherlands, 7th December 2011.)

EUROPEAN UNION DIRECTIVE REGARDING LEGAL DEPOSIT OF ELECTRONIC PUBLICATIONS

 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.

 ASSOCIATION OF RESEARCH LIBRARIES CODE OF BEST PRACTICES IN FAIR USE FOR ACADEMIC AND RESEARCH LIBRARIES

 SECTION 8: COLLECTING MATERIAL POSTED ON THE WORLD WIDE WEB AND MAKING IT AVAILABLE