Law on the German National Library

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Basic data
Title: Law on the German National Library
Abbreviation: DNBG
Type: Federal law
Scope: Germany
Legal matter:
References : 224-21
Issued on: June 22, 2006
( BGBl. I p. 1338 )
Entry into force on: June 29, 2006
Last change by: Art. 2 G of September 1, 2017
( Federal Law Gazette I p. 3346, 3350 )
Effective date of the
last change: 		March 1, 2018
(Art. 4 G of September 1, 2017)
GESTA : C165
Weblink: Text of the law
Please note the note on the applicable legal version.

The law on the German National Library ( DNBG ) of June 22, 2006 ( Federal Law Gazette I p. 1338 ) regulates the tasks, powers and organization of the German National Library .

history

The aim of the legislature was to regulate the regulations on the tasks, powers and organization of the central archive library and the national bibliographic center of the Federal Republic of Germany, which were previously regulated in the law on the German library of March 31, 1969 ( Federal Law Gazette I p. 265 ), to adapt to modern conditions. The law, which did not require the approval of the Bundesrat , was introduced by the federal government in May 2005 during the 15th electoral term . However, due to the federal election in September 2005, it could only be discussed and passed in the following legislative period. The law took effect on June 29, 2006, the day after it was promulgated.

Name change

The change in the name of the institution from Die Deutsche Bibliothek to Deutsche Nationalbibliothek was particularly controversial in the legislative process.

An objection was raised against the renaming that its current holdings clearly distinguish the German Library from other national libraries and lag behind them. The German library was "at its core nothing more than a collection point for the publications published in Germany since 1913", "which is why it has to do without the historical inventory depth that characterizes other national libraries." First together with the Bayerische Staatsbibliothek and the Staatsbibliothek zu Berlin For these three institutions taken together, one could speak of a “virtual” or a “distributed national library”. Abroad there are also large libraries that have the character of a national library and yet do not bear this name, in particular the Library of Congress and the British Library . Last but not least, the renaming is also a purely symbolic policy , because it does not result in any improvements, neither for the librarianship in Germany as a whole nor for Die Deutsche Bibliothek or the German National Library. In addition, Bavaria pointed out that the introduction of a "German National Library" could reduce the performance of the Bavarian and Berlin state libraries.

As a result, the management of the German National Library, the Bavarian State Library and the Berlin State Library issued a joint declaration in which they described their future tasks from a library perspective.

With a gap of ten years, the copyright lawyer Eric W. Steinhauer described the debate as "barely comprehensible". The subject has since "completely settled."

Media works

Furthermore, the right to deposit copies was extended to “incorporeal media works” in the DNB Act . Since then, the term media work has replaced the term print work under the German Library Act . It includes publications on digital data carriers as well as online publications (“all presentations in public networks”, Section 3 (3), Section 14 (3) DNBG). In addition, the submission of mandatory copies is regulated as before in the respective laws of the federal states. The expansion of the collective order was mainly controversial because of the unforeseeable costs. But it was also objected that the library would be overwhelmed with archiving online publications. It was noted that the current German copyright law does not offer a sufficient basis to fulfill these new tasks.

Section 16a  DNBG was inserted and Section 21  DNBG was supplemented by a sentence 2 through Art. 2 of the Act on the Alignment of Copyright to the Current Requirements of the Knowledge Society of September 1, 2017 (UrhWissG, Federal Law Gazette 2017 I p. 3346 ) . According to this, the DNB and the libraries of the federal states with the right to deposit copies are allowed to collect and use freely accessible online publications on their own initiative. Web pages that are cited in academic papers can be saved permanently and generally made available for retrieval. Exchange among the libraries entitled to copy is therefore also permitted.

Special collections

Compared to the law on the German library , the DNB law contains the mandate to operate the German Exile Archive 1933–1945 , the Anne Frank Shoah Library and the German Museum of Books and Writing , Section 2 No. 2 DNBG.

Further regulations

Further regulations contain the ordinance on the compulsory deposit of media works to the German National Library (compulsory deposit ordinance , PflAV), a statutory ordinance in the rank of federal law, as well as the collection guidelines of the DNB.

literature

  • Ute Schwens: The law on the German National Library . In: Dialogue with Libraries . tape 18 , no. 2 , 2006, p. 4–8 , urn : nbn: de: 101-2009042229 .
  • Stefan Knoch: Comments on the “Law on the German National Library” (DNBG) . In: Library Service . tape 41 , no. 5 , 2007, p. 529-541 , urn : nbn: de: kobv: 109-1-1093003 .
  • Elisabeth Niggemann: 10 years law on the German National Library . In: Dialogue with Libraries . tape 29 , no. 1 , 2017, p. 4–10 , urn : nbn: de: 101-20170309169 .
  • Susanne Olbertz, Sebastian Schmitz: Law on the German National Library . In: Michael Fernau, Ute Schwens, German National Library (ed.): The ABC of the DNB. 1999-2019. 20 years Elisabeth Niggemann in the German National Library . Dr. Ernst Hauswedell, Stuttgart 2019, ISBN 978-3-7762-1519-9 , pp. 200 , urn : nbn: de: 101: 1-2019120611174890951048 (Editors: Sandra Baumgart, Michael Fernau, Susanne Oehlschläger, Ute Schwens, Christian Sälzer, Martin Schmitz-Kuhl).

Web links

Individual evidence

  1. ↑ BR-Drs. 396/05, BT-Drs. 16/322, BT-Drs. 16/896.
  2. ^ Uwe Jochum: Small library history . 3rd, verb. and exp. Ed. Reclam, Stuttgart 2007, ISBN 978-3-15-017667-2 , pp. 206 .
  3. ↑ a b Stefan Knoch: Comments on the “Law on the German National Library” (DNBG) . In: Library Service . tape 41 , no. 5 , 2007, p. 529-541 , 531, 532f., 540 , urn : nbn: de: kobv: 109-1-1093003 .
  4. ^ Rolf Griebel, Elisabeth Niggemann, Barbara Schneider-Kempf: The German National Library and the State Libraries in Berlin and Munich define their future performance of national librarianship tasks . In: Journal of Librarianship and Bibliography . tape 53 , no. 6 , 2006, p. 304-305 ( uni-jena.de ).
  5. ↑ a b Eric W. Steinhauer: 10 years of mandatory submission of online publications - a construction site is visited . In: Dialogue with Libraries . No. 2 , 2016, p. 31-36, 31, 32 f ., urn : nbn: de: 101-20161006188 .
  6. ↑ Jörn Heckmann, Marc Philipp Weber: Electronic online publications in the light of the law on the German National Library (DNBG) . In: AfP. Journal for Media and Communication Law 2008, pp. 269–276.
  7. ↑ Eric W. Steinhauer: Report for the period from March 1, 2017 to August 31, 2017 . In: Journal of Librarianship and Bibliography . tape 65 , no. 1 , 2018, p. 33-38 , 33 , doi : 10.3196 / 186429501865158 .
  8. ↑ Ordinance on the compulsory deposit of media works to the German National Library , issued on October 17, 2008 ( Federal Law Gazette I p. 2013 ), amended by Article 1 of the Ordinance of April 29, 2014 ( Federal Law Gazette I p. 450 ).
  9. ^ German National Library (Ed.): Collection guidelines . Leipzig, Frankfurt am Main 2014, urn : nbn: de: 101-2012022707 (Editor: Angela Matthias, Brigitte Wiechmann. Status: May 1, 2014.).