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The three-step test was first established in relation to the exclusive right of reproduction under Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works in 1967. Article 9 of the Berne Convention states that: Right of Reproduction: 1. Generally; 2. Possible exceptions; 3.
In addition to specific exceptions, the Berne Convention establishes the "three-step test" in Article 9(2), which establishes a framework for member nations to develop their own national exceptions. The three-step test establishes three requirements: that the legislation be limited to certain (1) special cases; (2) that the exception does not ...
Limitations and exceptions are also the subject of significant regulation by global treaties. These treaties have harmonized the exclusive rights which must be provided by copyright laws, and the Berne three-step test operates to constrain the kinds of copyright exceptions and limitations which individual nations can enact.
Right to quote or right of quotation or quotation right is one of the copyright exceptions [1] provided by the Berne Convention, article 10: "It shall be permissible to make quotations ... provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose."
The Berne Convention for the Protection of Literary and Artistic Works (also referred to as just the Berne Convention) requires protection for all creative works in a fixed medium be automatic, and last for at least 50 years after the author's death for any work except for photographic and cinematographic works. Photographic works are tied to a ...
Yes, while party to Berne Convention [22] Berne Convention signatories Yes, unless specified by signatory's legislation [23] Bhutan Yes [13] [24] Brazil No [25] Canada: Yes for foreign works of joint authorship, except for countries party to the Canada–United States–Mexico Agreement, i.e. U.S. and Mexico [26] China (People's Republic ...
According to Article 5(5) copyright exceptions may only be "applied in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder", therefore the directive confirms the Berne three-step test.
The Berne Convention also enshrined limitations and exceptions to copyright, enabling the reproduction of literary and artistic works without the copyright owners prior permission. The detail of these exceptions was left to national copyright legislation, but the guiding principle is stated in Article 9 of the convention.