No. 107, January 1999

Electronic Publications and the Legal Deposit System in Japan

The National Diet Library (NDL) is the sole deposit library in Japan. The legal deposit system applies not only to books and serials but also to other types of publications. Today, the number of electronic publications in Japan is growing at a rapid pace. How to apply the system to electronic publications is under discussion in the Library.

Process of the Council's examination of the Legal Deposit System

The Legal Deposit System Research Council (Chairperson: Shinkichi Eto, Professor Emeritus of Tokyo University) was established as an advisory organ to the National Diet Librarian. The Librarian assigned learned people and experts as members of the Council. The Council started on March 3, 1997 to discuss the question put by the Librarian:

"What should the Japanese legal deposit system be at the approach to the 21st century? focussed on institution and management of the legal deposit system for publications on electronic media". 

The Council set up the Electronic Publications Committee (Chairperson: Shumpei Kumon, Executive Director of the Center for Global Communications of the International University of Japan) to examine and to report mainly on the latter part of the question. From May 1997 the Committee held seven meetings, and rounded off the report "Acquisition, Preservation and Access of Digital Publications and the Legal Deposit System" in March 1998. 

At its 4th meeting in May 28, 1998, the Council adopted this report as "The Interim Report: On Institution and Management of the Legal Deposit System of Electronic Publications" and submitted to Mr. Shin-ichiro Ogata, the Librarian. 

Outlines of the Interim Report

The Report defines "packaged electronic publications" as electronic publications fixed on physical media, such as CD-ROMs, and "networked electronic publications" as electronic publications transmitted and received over a communications network, electronic journals for example. Examining the legal deposit of electronic publications, it is necessary to consider such as enforcing the legal obligation to send publications to the library, collecting all the publications in a certain category and identifying who is legally obliged to deposit the publication. Efficiency of legal deposit should be secured. As a conclusion, the Committee presents the following three points. 

(1) At this time, acquisition of "packaged electronic publications" should be included in the legal deposit system. It requires amendment of the law. It is adequate to apply the legal deposit system to all packaged electronic publications without exception by type or contents. 

(2) When the Library offers "packaged electronic publications" to users, it is important to find a balance of interests and convenience between copyright holders, publishers and users. 

(3) For the time being, the legal deposit system will not apply to "networked electronic publications". The NDL should acquire needed and useful publications positively and selectively by contract. 

Future plan etc.

The Interim Report left the issues on a compensation equivalent and on lease contract to the newly established Committee on Legislation (Chairperson: Hiroshi Shiono, Professor of law of Seikei University). The Committee held its first meeting on August 27, 1998 , and submitted its report to the Council on December 24, 1998. The Council examines these two reports and will present its final report by the end of FY1998. 

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