   
Section of National Libraries
Guidelines for Legislation for
National Library Services
Prepared by
Peter Johan Lor with the assistance of
Elizabeth A.S. Sonnekus
General Information Programme and UNISIST
United Nations Educational Scientific and Cultural Organization This is the provisional version of the Guidelines. It is a draft distributed for purposes of discussion only. You are invited to send your comments and suggestions as soon as possible to Peter Lor at the following address: e-mail: pjlor@statelib.pwv.gov.za
fax: +2712 325 5984
post: P O Box 397, Pretoria, 0001, South Africa Date of Last HTML Revision: March 17, 1997
PREFACE This document has been prepared by Peter J. Lor under contract with the International Federation of Library Associations and Institutions (IFLA). It follows three previous UNESCO documents dealing with national libraries: Guy Sylvestre's Guidelines for national libraries (PGI-87/WS/17), Maurice Line's National library and information needs: alternative means of fulfilment, with special reference to the role of national libraries (PGI-89/WS/9), and Graham P. Cornish's The role of national libraries in the new information environment (PGI-91/WS/4). It is intended to build upon the foundations laid by these documents by providing concrete guidelines for those engaged in the drafting or revision of legislation for national library services. In the author's discussions and correspondence with colleagues from national libraries, and in comments received on drafts of parts of this document, two somewhat divergent expectations emerged. Some colleagues, mainly from developed countries, expressed the wish that the document should deal with broad principles and not be prescriptive. They also asked for more emphasis on the implications of information technology, and especially electronic publications and media, for modern national libraries. Other colleagues, mainly from developing countries, expressed a wish for more specific guidelines with examples of legislation which could be used as models for their own drafts and as a means of persuading their authorities to enact more enlightening and empowering legislation for their institutions. In response to these needs an attempt has been made to strike a balance. However, the author's experience in the drafting of legislation in the Southern African subregion and his contacts with colleagues there have had a distinct influence on the development of this document. They have also predisposed him to place a greater emphasis on the need for specificity which may be more acute in developing countries. It is emphasised, however, that this is a provisional version of the document, intended for discussion and comment by colleagues in national libraries world-wide, during which process the Southern African bias and any other imbalances can be corrected. A final version will then be compiled for publication in UNESCO's PGI series. The designations employed and presentation of the material throughout this document do not imply the expression of any opinion whatsoever on the part of UNESCO. Readers are invited to send comments, suggestions or requests for additional copies to the Division of the General Information Programme, UNESCO, 7 Place de Fontenoy, 75700, Paris, France. Peter Lor
December 1995 ACKNOWLEDGEMENTSThe author wishes to express his thanks to the directors of national libraries who commented on drafts of these guidelines; Mr Abdelaziz Abid of UNESCO's General Information Programme for his constructive criticism and Mr Winston Roberts of IFLA for his support and patience; Mrs E.A.S. Sonnekus for her conscientious assistance in all phases of this project; Professor J C Sonnekus for advice on legal aspects; and to his deputy, Mrs Joan de Beer and her colleagues at the State Library for their willing support and assistance. Recommended catalogue entry : Lor, Peter Johan
Guidelines for legislation for national library services : provisional version /
prepared by Peter Johan Lor [for the] General Information Programme and UNISIST -
Paris : UNESCO, 1996. - iii, p.; 30 cm. - (PGI- )
I - Guidelines for legislation for national library services
II - UNESCO, General Information Programme and UNISIST
c - UNESCO, 1996
TABLE OF CONTENTS
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| Preface |
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| Acknowledgements |
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| I. BACKGROUND MATERIAL |
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Introductory note |
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| Chapter 1 |
Introduction |
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1.1 The need for legislation for national library services |
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1.2 Origins of the study |
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1.3 Terminology |
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1.3.1 National libraries |
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1.3.2 National library services |
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1.3.3 National services |
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1.4 Scope and emphasis |
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1.5 Aims and objectives of the project |
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1.6 Methodology |
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| Chapter 2 |
National library needs and functions |
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2.1 Introduction |
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2.2 Information needs at the national level |
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2.2.1 General categories |
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2.2.2 Needs in developing countries |
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2.3 National library/national library service functions |
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2.3.1 Categories of functions appropriate to developing countries |
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2.3.2 Heritage |
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2.3.3 Infrastructure |
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2.3.4 Comprehensive national service |
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2.3.5 Services to end-users |
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2.3.6 International cooperation |
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2.4 Conclusion |
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| Chapter 3 |
The environment of national libraries and national library services |
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3.1 Introduction |
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3.2 The political and administrative environment |
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3.3 The legal environment |
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3.3.1 Legal deposit |
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3.3.2 Intellectual property rights |
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3.3.3 Related legal questions |
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3.4 The technological environment |
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3.4.1 The technologies |
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3.4.2 Changing expectations, attitudes and values |
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3.4.3 Some implications for NL/NLS |
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3.5 The library and information environment |
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3.5.1 The national infrastructure for library and information services |
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3.5.2 Relationship between legislation and national library and information policy |
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3.5.3 The international dimension |
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| Chapter 4 |
Developing and implementing legislation |
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4.1 Introduction |
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4.2 Drafting, promoting and passing NL/NLS legislation |
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4.2.1 Developing proposals |
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4.2.2 Consultation and lobbying |
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4.2.3 Stages of drafting and passing a bill |
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4.3 Steps following the enactment of legislation |
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| II. GUIDELINES FOR LEGISLATION |
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| Introductory note |
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| Preamble |
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Section 1 Definitions |
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Section 2 Compliance with constitutional requirements |
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Section 3 Designation |
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Section 4 Aims |
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Section 5 Functions |
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Section 6 Status and powers |
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Section 7 Governance |
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Section 8 Personnel |
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Section 9 Collections and other assets |
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Section 10 Services |
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Section 11 Financing |
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Section 12 Organisation |
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Section 13 Regulations |
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Section 14 Miscellaneous provisions |
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Bibliography |
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| III. ANNEXES |
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Annex A Detailed statement of NL/NLS functions |
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Annex B Checklist of elements of NL/NLS statute (n/a) |
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Annex C Checklist of derived legislation(n/a) |
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