Policy for the Use, Reproduction and Distribution of IFA Restricted Information


  Download Copyright Policy November 2013
 


I. How can IFA members best use IFA works?

The IFA Secretariat collects and disseminates non-commercial statistical information, as well as forecasts industry supply/demand to the benefit of its members.

All information (data, statistics, publications and other) compiled and/or created by the International Fertilizer Industry Association (IFA) about fertilizer products, fertilizer companies and fertilizer markets (hereinafter referred to as IFA “works”) are copyrighted by IFA and are strictly reserved for members, unless explicitly marked otherwise,.

 

IFA members (hereinafter referred to as “members” or “companies”) with paid annual membership fees are entitled to receive all statistical reports prepared by IFA Secretariat at no additional cost

Members are encouraged to use IFA statistics and information for their own internal analyses and presentations as long as IFA is clearly cited as the source.

If these corporate analyses are to be released outside of the company, the information should be aggregated as much as possible. For instance:

  • Detailed data can be used for graphs;
  • Tables should only contain global/regional, aggregated data or list the top-10 producing countries and aggregate other countries in sub-groups.
  • Only individual sentences (not full paragraphs) of IFA analytical reports or publications can be quoted, provided they are properly referenced and the source attributed to IFA.

 

When in doubt with regards to the acceptable range of reproduction, members should consult with the IFA Secretariat prior to the release.

Members are particularly encouraged to share with the IFA Secretariat a copy of their reports or presentations in which IFA data are used.


 

II.  Legal terms

This note summarizes terms and conditions pertaining to the use, reproduction and distribution of IFA works, regarding:

  1. Copyright
  2. Reproduction
  3. Distribution
  4. Permissible use
  5. Disclaimer of liability
  6. Enforcement of Rights
1. Copyright

IFA has a strict copyright policy that restricts the diffusion of IFA works (including data and detailed information) outside its membership and prohibits without IFA’s written permission its extensive reproduction. 

Copyrights grant IFA the exclusive rights to authorize a third party to use IFA works, subject to the legally recognized rights and interests of others.

Membership in IFA includes a user license for the statistics and detailed reports produced by IFA. Access to IFA restricted statistics does not constitute a transfer of rights, but a limited use license.

Any exceptions to the exclusivity of the fertilizer-industry information provided as a benefit of membership in IFA must be approved by the IFA Secretariat in writing.

IFA members are obliged to respect the Association's intellectual property, which is covered by normal copyright law and relevant international treaties, such as those agreed within the framework of the World Intellectual Property Organization and the World Trade Organization Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS).

IFA should be cited as the source every time IFA data is quoted: i.e., “Source IFA copyrighted [date], all rights reserved.”

Compliance with IFA copyright is the responsibility of IFA member companies and any other third party.

2. Reproduction

Pursuant to the rights granted to IFA by its Copyright, only the IFA Secretariat may make reproduction or copies of its works.

Members can copy and store IFA information in their office library and other company electronic storage.

No part of IFA restricted works may be copied, downloaded, displayed, reproduced, modified, published, stored, re-distributed, sold or otherwise exploited for any commercial purpose in any form or by any means without the express written permission of IFA.

Should a company wish to publish a large volume of IFA works in publicly released reports, the company must consult with the IFA Secretariat beforehand and may not proceed without written IFA authorization.


3. Distribution

The distribution right granted by Copyright provides IFA with the exclusive right to distribute or sell IFA works.

No unauthorized copies can be distributed by third parties or recipients.

The distribution of IFA works within an IFA member company is not restricted but should be done diligently in accordance to corporate policy of distribution, and in consultation with the IFA Main Contact or CEO, in order to prevent any abusive distribution.

Members may circulate or reproduce this information for their own internal use. "Internal use" does not include subsidiaries, affiliates or business partners unless they are explicitly included in a group membership of IFA.


4. Permissible use

The Association will not grant permission for the wholesale copying and use of entire IFA works.

IFA only gives permission for non-extensive use of this information.

Restricted IFA works can be used, quoted or published in documents intended to the public domain as long as it is not extensive and only with aggregated information, with the obligation of quoting IFA whenever IFA figures are used (as totals or in parts).

The fair use of IFA statistics allow for the partial reproduction of aggregated data in table or for graphs intended for non-IFA audience. Fair use includes the use of protected information for limited, purely non-commercial purposes, such as research and news reporting or other uses agreed in advance by IFA, taking into account factors such as the nature and purpose of the work used, and the amount of the work used in relation to the work as a whole.


5. Disclaimer of liability

Every effort is made to provide accurate and timely information on IFA statistical and detailed reports. All IFA information, data and reports are provided "as is" without any warranties of any kind, either express or implied. Therefore, neither IFA, nor any of its members or employees will be liable for any damages arising from the use or inability to use of IFA works.

The use of IFA’s statistics in no way implies an endorsement from IFA concerning the derived market analysis or any other sponsorship by IFA.


6. Enforcement of rights

IFA enforce its copyrights strictly. The following summarize some of the provisions that IFA may invoke to ensure the enforcements of IFA’s rights: provisional measures; civil remedies (including damages, injunctions and other equitable relief); criminal sanctions; any other available measures and sanctions against abuse or infringement of IFA’s rights.

 

IFA’s failure to exercise, or any delay in its exercising, any right or remedy provided under this policy or by law shall not constitute a waiver of that or any other right or remedy IFA may have, nor shall it preclude or restrict any further exercise of that or any other right or remedy IFA may determine to exercise at any time.

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