The registration of copyright is the legal requirement or the incentive made to the producers or with the diffusers to deposit in the National library country or in other indicated institutions, one or more specimens of the Document S which they produce or diffuse. It aims at ensuring universal bibliographical control and allows the development and the diffusion of Bibliographie S main roads.

General information

History

Historically, the practice of the Bibliothèque of Alexandria can be connected with a form of registration of copyright: indeed, all the documents which arrived in Egypt were consfisqués by the employees of the library who made them copy, preserved the original and gave again a copy.

It is however which is regarded as the initiator of the registration of copyright in France by the edict of December 28th 1537.

Several European countries follow the movement to. The registration of copyright is spread in the Western countries during the 19th century.

Starting from 1945, UNESCO encourages and supports the organization of the registration of copyright in the whole world, in particular in the Developing country and in particular the States having reached independence.

Objectives

The registration of copyright aims at ensuring universal bibliographical control, according to principles established with the conference of Paris organized by UNESCO and IFLA on the current national bibliographies.

They establish that the registration of copyright concerns the responsibility for each country, but which it must answer certain characteristics fixed on the international plan.

The registration of copyright has triple drank conservation, of description and communication of the Document S:

• long-term conservation of all the Document S produced, from the patrimonial point of view ;
• description of the new documents in the Bibliography S main roads;
• communication of the Document S announced, either in original, or in reproduction, in particular by the means of the Ready between libraries.

Right of the registration of copyright

The registration of copyright is obligatory in the majority of the country, optional but strongly encouraged in others.

Thus, in France, the registration of copyright is not directly related to the Royalty insofar as the deposit is not an essential step to enjoy the rights:

The author of a work of the spirit enjoys on this work, of the only fact of his creation, an exclusive and opposable property right incorporeal to all| Code of the intellectual property, Article L. 111-1

Despite everything, the registration of copyright constitutes a form of Preuve of anteriority in the event of dispute and charge of Plagiat.

The registration of copyright is not a deposit with the civil direction, insofar as it is generally obligatory and where the specimens deposited become the property of the State or of the Bibliothèque.

The legal basis of the registration of copyright is thus a prerogative of Public power, as well as the Impôt. In the countries where it is obligatory, the fact not of conforming to it is generally regarded as a repressed Infraction penally.

The registration of copyright country by country

Germany

In Germany, the German Bibliothèque with Leipzig gathers all the German books. Since 1913, the deposit voluntary, then was made compulsory since 1935. In consequence of the German Division, Leipzig is found in GDR, another German Bibliothèque is thus built with Francfort-sur-le-Main in 1947, which gathered the German books on the basis of voluntariate. Since 1969, this library was fed by the federal government, then, it obtained the obligatory registration of copyright for FRG. Since the reunification, the editors must deposit two specimens: for Francfort-sur-le-Main and for Leipzig.

Moreover, almost each Land request one or two specimens for its national library.

Australia

In Australia, the Copyright Act of 1968 and the laws of the States and territories impose the deposit of each book in a specimen on the National library of Australia, one with the library of the State or territory and, in certain territories, a third in a parliamentary library or university.

Canada

Under the registration of copyright, Library and Archives Canada receive a specimen of each work.

A registration of copyright is also organized with the Quebec, with the profit of the Grande Bibliothèque of Quebec; the number of specimens to be deposited varies according to the Prix work: two specimens up to 250 dollars, only one beyond this value). This registration of copyright was founded in 1968 and is currently governed by the chapter II.1 of the law on Bibliothèque and Public records of Quebec

the United States

Any book published or diffused in the the United States must be the subject of a deposit in two specimens near the office of the Copyright (United States Copyright Office) of the Bibliothèque of the Congress. The Library of the Congress keeps however only one small half of some: 22000 documents received per day, the remainder being allotted to other libraries of the country or abroad.

There exists in addition some: 1300 Federal Deposit Libraries which preserves, since 1813, all federal official publications.

France

See also: Registration of copyright in France

History

The registration of copyright was conceived in France by the Royal decree of the December 28th 1537, taken par. Supprimé under the French revolution in the name of freedom, the July 21st 1790, it is optionally restored the July 19th 1793 to protect the literary property. Reorganized in 1810 again obligatory and returned to supervise the Printing works, it is still modified by the Loi of the May 19th 1925, which instituted a double registration of copyright, for the printers and the editors, then extended to the Photographie S, the sound records and the Cinéma, the June 21st 1943.

The last law reforming the registration of copyright deeply was voted the June 20th 1992 (law 92-546). Decree 93-1429 of December 31st 1993 relating to the registration of copyright was modified recently by decree 2006-696 of June 13rd 2006 published with the Official journal 137 of June 15th, 2006.

Current legislation

The registration of copyright is currently governed by title III of the Ier book of the Code of the inheritance, decree 93-1429 of the December 31st 1993 modified in 2006 and the texts taken for their application. Are subjected to the registration of copyright not only the periodic books and , but also the Gravure S, the Film S, the sound recordings, emissions of radio and Télévision, and even the software and the databases since the law DADVSI of 2006.

Several institutions are charged to collect and preserve the registration of copyright:

• the National library of France;
• the National center of cinematography;
• the National institute of audio-visual the;
• the libraries assignees of the regional registration of copyright, for the only printed papers form.

Ireland

The registration of copyright of the Irish Republic, fixed by the Copyright and Related Rights Act (2000) obliges the editors to deposit several specimens of their publications, intended for the following libraries:

• National library of Ireland;
• Library of Trinity College;
• Library of the university of Limerick;
• Library of Dublin City University;
• Libraries of the National university of Ireland;
• British Library .

Ireland east thus one of the rare countries indépedants whose registration of copyright feeds the national library of another country. Moreover, the other British libraries receiving the registration of copyright (see low) can require to profit from a specimen from such or such publication, within one year.

Mali

The registration of copyright was instituted in 1985 with the profit of the National library of Mali.

the United Kingdom

Governed a long time by the Copyright Act of 1911, the registration of copyright from now on is approached by the Legal Deposit Libraries Act of 2003. The registration of copyright is carried out near the British Library, but, within one year, five other libraries can require to profit from a specimen of the publication.

It is about the Bodleian Library of the Université of Oxford, of the library of the Université of Cambridge, of the library of Trinity College in Dublin, of the National library of Scotland and the National library of Wales.

Sweden

Since 1661, two specimens of each publication must be deposited, one with the royal Bibliothèque of Sweden, the other with the Public records.

Swiss

Switzerland does not have federal legislation instituting an obligation of registration of copyright. The cantons can legislate in this field.

The Canton of Freiburg thus has a law on the protection of the cultural goods.

The Canton of Geneva also founded the registration of copyright by law I 2 36. The registration of copyright is done with the Bibliothèque of Geneva.

In the Canton of Vaud, it is the law on the press (449.11) which regulates the registration of copyright.

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