Compendia are compiled by CAB International (CABI) on behalf of substantial international Development Consortia whose Members, including CABI, intend that the products should be widely disseminated, should be put to good use, and should be sustainable. To secure these objectives when Compendia are in use, two key principles are involved.
Like any encyclopaedic publication, the content of a Compendium is intended as a reference source to support the needs of users. Emphasis therefore rests first on use of the content and not on limiting its use. This principle is given added focus in a Compendium in that the electronic medium makes it easy to copy, rearrange and personalize content. Indeed, facilities are provided to make copying of portions of the content simple, and the Notepad facility was specifically developed to encourage tailoring the Compendium to local needs.
CABI and its Development Consortia also intend that the Compendia be rendered sustainable as publications in the market. CABI therefore protects its intellectual property rights on completed Compendia by holding copyright in their compilation. It also protects the copyright of its content providers where this is separately held, e.g. for pictures and background texts. Naturally, this implies some reasonable limitations on use.
For most uses of a Compendium, it is simple to take account of both these principles - that the content is intended to be used, and that reasonable limits must be placed on use. In particular cases, it may be helpful to define some principles of Fair Use. These are listed here as a guide. They are likely to be developed and refined in the light of experience.
1. Copyright law provides that portions of content may be used without permission and without infringing copyright in a Compendium if:
· They do not amount to a Substantial Part of the Compendium. Unfortunately, there is no definition of what constitutes a Substantial Part and each instance must be assessed individually, by reference to the parts used and their context.
· They are for Permitted Uses. Even if a Substantial Part of a Compendium is used, that is permitted if it falls within the following uses:
· Research or Private Study
· Reporting Current Events (does not apply to
photographs)
· Criticism or Review (acknowledgement of the
copyright owner should be given)
The idea behind these permitted uses is to allow, for example, someone carrying out research to make one copy of any article for their own personal use in conducting that research. It does not allow that person to make further copies or to distribute them or to make copies on behalf of another person.
2. Facts in a Compendium, as opposed to portions of content, may be used freely - just as facts from any publication are intended to be used. An example would be the fact that Pest P is recorded in Country C, or the fact that the colour of the flower of Weed W is white.
Substantial arrays of facts take on the character of "portions of content", and this is covered in the other sections.
3. Use of content for sale or in commerce (e.g. promotional literature) requires permission from CABI and from any other copyright holders involved.
4. Other, non-commercial, use is subject to reasonable limits. For example:
· The right to use is limited to the owner of a Compendium (or someone else with a contractual right to use, or whose use is permitted under the principles of not being a Substantial Part or being a Permitted Use - see 1).
· Some other uses may be considered reasonable by CABI (e.g. in teaching resources, extension materials, research proposals). This is most likely if it is limited to moderate amounts of content and moderate numbers of copies. Exact definition is not appropriate: CABI may apply the principle that the extent of content dissemination should not be such as to jeopardize the reasonable prospect of sale of further copies of the Compendium to meet the same purpose. If there is any doubt about whether copying falls within reasonable limits, please refer to CABI.
· If the content required is not permitted under 1 and involves a copyright holder other than CABI, permission should be obtained and acknowledgement made. (CABI will gladly assist with contact details. Typically, a copyright holder will willingly give permission for non-commercial use, with acknowledgement, of a picture or other resource.)
5. All use of content from the Compendium should acknowledge the source, e.g. "Reproduced from the Crop Protection Compendium - Global Module, 6th Edition. © CAB International, Wallingford, UK, 2004."
6. Use of Compendium content under circumstances not clearly covered by these Fair Use examples requires the permission of CABI, normally in the form of a written agreement.
CAB International
Wallingford, OX10 8DE, UK
Fax: +44 1491 833508
June 2004