National Cultural Institutions Act, 1997

Delivery of certain material to Library.

65.—(1) Subject to the provisions of this section, the publisher of any material to which this section applies shall, within one month or such longer period as the Board of the Library may in any particular case allow after its publication, deliver at his or her own expense, a copy of the material—

(a) to the Board of the Library, or

(b) if the Library establishment day falls after the expiration of the period aforesaid, to the Minister,

and the Board or the Minister, as the case may be, shall, as soon as may be after such delivery, give a written receipt to the publisher for material so delivered.

(2) The publisher of material to which this section applies that relates substantially or primarily to Ireland shall, if written demand for any such material is made by the Board of the Library not later than 12 months after its publication, deliver a copy of the material to the board within one month after receipt of the demand or, if the demand was made before its publication, within one month or such longer period as the Board may in any particular case allow after its publication.

(3) The Board, with the consent of the Minister, or, before the Library establishment day, the Minister, may make such regulations as the Board or the Minister, as the case may be, considers appropriate in relation to the quality and format of material to which this section applies in cases where the copies of such material are not of uniform quality or can be published in different formats.

(4) In this section—

“engraving” has the meaning assigned to it by section 2 of the Copyright Act, 1963 ;

“material to which this section applies” means material that is of such class as may be specified in regulations made by the Board of the Library with the consent of the Minister or, before the Library establishment day, by the Minister and in this definition “material” includes any engraving, photograph, play script, cinematograph film, microfilm, video recording, sound recording, record, diskette, magnetic tape, compact disc, or other thing which has been published and on or in which information is written, recorded, stored or reproduced but does not include local records or local archives within the meaning, in each case, of section 65 of the Local Government Act, 1994 , or books within the meaning of section 56 of the Copyright Act, 1963 ;

“publisher” other than in subsection (2) means—

(a) in relation to material to which this section applies, a person resident in the State who publishes or causes to be published the material to the public or a section of the public, and

(b) in relation to material to which this section applies that relates substantially or primarily to Ireland, a person who distributes but does not publish or cause to be published the material in the State to the public or a section of the public,

and in subsection (2) has the meaning assigned to it by paragraph (b).

(5) A publisher who contravenes this section shall be liable on summary conviction to a fine not exceeding £500 and the value of the library material and the fine shall be paid to the Board.

(6) The Minister may by order apply this section, with such modifications and adaptations as he or she considers necessary, to one or more of the institutions or bodies referred to in section 56 of the Copyright Act, 1963 .