Chapter XIX: Section VI: Delivery of Copies to Libraries

Copies of all books first published in the United Kingdom after 1842 must be delivered to the undermentioned libraries by the publisher. In default the respective librarians may recover from the publisher:[293]

i. The value of the copy which ought to have been delivered.
ii. A sum not exceeding £5.
iii. Solicitor and client costs.

The proceedings may either be summary by way of conviction before two Justices of the Peace in the county or place where the publisher making default resides, or by action in any Court of Record in the United Kingdom.[294]

The following copies are to be delivered:

I. _To the British Museum_:[295]

One of the best copies published (complete with maps and prints) of

i. Every book first published.
ii. Every subsequent edition of a book, unless
(_a_) it contains no additions or alterations, and
(_b_) some preceding edition has been delivered:

Within one calendar month after publication or offering for sale in
London.

Within three calendar months after publication or offering for sale
elsewhere in the United Kingdom.

The copy must be delivered between 10 A. M. and 4 P. M. on any day
except Sunday, Ash Wednesday, Good Friday, and Christmas Day.[296]

The officer of the Museum appointed to receive these copies is
required to give a receipt in writing.[297]

II. _To each of the following Libraries_,[298] _or to Stationers' Hall
for their use_:

The Bodleian Library at Oxford.
The Public Library at Cambridge.
The Library of the Faculty of Advocates at Edinburgh.
The Library of Trinity College at Dublin.

One copy of those copies of which the largest number is printed for
sale, and in the like condition of

i. Every book first published.
ii. Every subsequent edition of a book, unless
(_a_) it contains no alterations or additions.

Within one month after demand.

Provided that within twelve months after publication demand has been
made to the publishers under the hand of the officer of the Company
of Stationers or other person authorised thereto by the respective
libraries.

The officer at Stationers' Hall and librarians of the several
libraries are required to give a receipt in writing when a copy of a
book is delivered to them.

The clauses as to delivery of copies are to be considered as being strictly penal. In _The British Museum_ v. _Payne_,[299] under the similar provisions in 54 Geo. III. c. 156, it was held that when a book was published in parts, a single part was not demandable. The Court refused to consider the question when, if ever, the complete book would be demandable.

It will be noticed that neither the copyright nor the right to sue is affected by non-delivery of these copies. The only consequence of omission to do so is a penalty on the publisher.

The right of the various bodies to delivery of a copy applies to all books published within the United Kingdom and not only to those entered at Stationers' Hall.[300]