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National edeposit

The State Library of NSW in association with the National Library of Australia and all other state and territory libraries, has developed a new system to accept the deposit of Australian digital publications.

This new system, the National edeposit (NED), is an online portal where publishers will be able to deposit their digital publications. By depositing their digital publications to NED, publishers will be fulfilling their digital legal deposit obligations to the national, state and territory libraries.

The Library  is asking  NSW publishers, including  NSW government publishers to use NED to deposit their digital publications. 

 

 

Frequently asked questions

Once your publication has been deposited with NED, it will be assessed by the NED member libraries before being accepted into the NED collection. You will receive an email advising when a publication has been deposited and whether it is accepted. The NED system will then automatically generate a catalogue record for the publication. The NED libraries may enhance the catalogue record for the publication, so that the public will be able to find the publication either through the State Library of NSW catalogue or Trove and, depending upon the access conditions, be able to view the publication.

The digital publication will be stored and preserved at the National Library of Australia. Currently, the State Library of NSW has a mandate to collect NSW and Australian government digital publications, and therefore will be able to copy publications deposited to NED by these publishers.

If you are a NSW non-government publisher that publishes print and digital versions of the same title:

  1. You will need to deposit the digital publication to NED to satisfy the Commonwealth Copyright Act 1968 digital Legal Deposit requirements.
  2. You will need to deposit the print publication to the State Library of NSW, the Parliamentary Library and the University of Sydney Library to satisfy the NSW Copyright Act 1879 . This print version of the publication is required to comply with current legal requirements.
  3. You may need to deposit the print publication with the National Library of Australia to satisfy the Commonwealth Copyright Act 1968 Legal Deposit requirements. Please contact the National Library for further information.

If you are a NSW government publisher that publishes print and digital versions of the same title:

  1. You will need to deposit the digital publication to NED to satisfy the Commonwealth Copyright Act 1968 digital Legal Deposit requirements.
  2. You will need to, except where the publication is an annual report, deposit the print publication to the State Library of NSW (2 copies), the Parliamentary Library and the University of Western Sydney Library to satisfy the NSW Premier’s Memorandum No. 2000 - 15, Access To Published Information - Laws, Policy and Guidelines.
  3. You may need to deposit the print publication with the National Library of Australia to satisfy the Commonwealth Copyright Act 1968 Legal Deposit requirements. Please contact the National Library for further information.

The state’s Legal Deposit legislation, the NSW Copyright Act 1879  does not currently extend to digital publications; however the Legal Deposit legislation at the commonwealth level – the Copyright Act 1968 – does extend to digital publications and NSW publishers are subject to this legislation.

The instruments addressing NSW government publications – the Premier’s Memorandum No. 2000 - 15, Access To Published Information - Laws, Policy and Guidelines and the Premier’s Memorandum M2013-09 Production Costs of Annual Reports – extend to digital publications.

Similarly the Australian Government publication instrument, Commonwealth Library Deposit and Free Issue Schemes, extends to digital publications.

Access to NED publications is determined in accordance with the Copyright Act 1968 and Legal Deposit laws and the access conditions nominated by depositors, noting that these access conditions cannot reduce or restrict rights under legislation.

Find out more the legislative background to the deposit of publications in NSW here.

The NSW Copyright Act 1879  does not apply to digital publications; it only applies to print publications. This means that the State Library of NSW does not have a mandate to oblige NSW publishers (non-government) to deposit their digital publications with the Library. The effect of this is:

  1. The Library cannot insist that NSW publishers deposit their publications with NED. It is important to note that Commonwealth legislation requires NSW publishers to deposit their publications with the National Library of Australia, so publishers are obliged to deposit to NED to meet that requirement.
  2. The Library cannot insist that NSW non-government publishers provide access for the State Library of NSW to their digital publications deposited with NED. Under the Commonwealth Copyright Act 1968, digital publications must be, as a minimum, made available onsite at the National Library of Australia. As the State Library of NSW does not have a mandate to collect non-government NSW digital publications, it cannot insist upon this minimum access. However, the Library welcomes publishers providing access to their publications.

NSW publishers can contact ned@sl.nsw.gov.au or (02) 9273 1619 to discuss NED. Further information about NED is available at www.ned.gov.au.