The Joint Committee on Legal Deposit (JCLD) is a body composed of representatives from the deposit libraries and publishing trade associations. Its main purpose is to support cooperation between publishers and deposit libraries for the effective implementation of statutory and voluntary deposit arrangements.
The committee's work includes discussing non-print collecting policies, reaching mutual agreement on questions of interpretation, jointly assessing new developments, and establishing technical pilots or voluntary schemes where appropriate.
JCLD terms of reference
JCLD brings together representatives of publishers and the deposit libraries to support the effective implementation of legal deposit. Its functions are to:
- discuss, agree and pursue interpretation guidelines, policies and processes to bring about the effective implementation of Regulations made under the Legal Deposit Libraries Act 2003, the successful and cost-effective deposit of material liable for legal deposit, and the secure and effective provision of access to deposited material
- evaluate the effectiveness of non-print legal deposit arrangements, assess the application of the Regulations in practice and future needs, and gather evidence in preparation for Government's review of the Regulations, taking into account the views of specialist task and finish groups
- establish an independent appeals procedure in cases of dispute about legal deposit, and agree on the membership of the appeals panel, including an independent Chair
- receive the legal deposit libraries' annual legal deposit collecting policy and report
- receive confidential reports from security audits of the libraries’ legal deposit infrastructure.
JCLD members represent or contribute perspectives on behalf of a specific constituency. Current members are:
- Angela Mills-Wade – Executive director of European Publishers council (Co Chair)
- Liz Jolly – Chief Librarian, The British Library (Co Chair)
- Alasdair Ball – Head of Collection Management, The British Library
- Anne Joseph – Director EU Governmental Affairs, Reed Elsevier Group
- Linda Tomos – Chief Executive & Librarian, National Library of Wales
- John Scally – Chief Executive & Librarian, NLS
- Catherine Courtney – Solicitor, The Newspaper Society
- Andrew Yeates – Intellectual Property Advisor
- Margaret Flood – Keeper (Collections Management), Trinity College Dublin
- Patricia Killiard – Head of Collection Development and Description, Cambridge University Library
- Jess Gardner – Chief Librarian of Cambridge University Library
- William Bowes – General Counsel and Director of Policy, The Publishers Association
- Richard Ovenden – Bodley’s Librarian, The Bodleian
- Stephen Godsell – General Counsel and Company Secretary for Guardian Media Group
- Robin Barry – Publishing and Product Development Director, ABRSM
- Ann Evans – Head of Collection Management, The Bodleian
- Trevor Fenwick – Managing Director, Euromonitor
- Audrey McCulloch – Chief Executive The Association of Learned and Professional Society Publishers (ALPSP)
- Diana Wallis – Independent arbitrator
Process for resolving disputes
The JCLD ensures legal deposit arrangements are implemented in a cooperative manner. Nevertheless, disagreements may sometimes arise.
The JCLD supports a three-stage process for resolving disputes. The process is designed to encourage resolution by mutual consent wherever possible, but includes the option of referral to an independent arbitration panel if necessary.
This resolution process may be used for any legal deposit dispute or outstanding complaint, and by any relevant person including deposit libraries, mainstream publishers, independent publishers and individuals writing blogs or web pages:
Stage 1: negotiation
Direct discussion between the two parties in dispute — the relevant publisher and requesting library — to explore the issue and resolve their differences. This may include referring the matter to the Implementation Group of the six deposit libraries, to JCLD technical experts, or to other JCLD members as appropriate, for their opinions and suggestions as to a mutually acceptable compromise.
Stage 2: mediation
If resolution cannot be achieved by negotiation, the matter will be referred to a sub-group of the JCLD to mediate in an attempt to resolve the dispute. Conclusions and recommendations, with rationale, are documented, including any suggested compromises. However the sub-group may also conclude that mediation is unlikely to succeed and refer the matter on to arbitration.
Stage 3: arbitration
If resolution cannot be achieved by mediation, the matter may be referred formally to an arbitration panel, composed of two publisher representatives, two library representatives and an independent chair appointed by the JCLD. Each party may make a written submission to the panel and should agree to be bound by its decision.