The three-step test - by which limitations on exclusive copyrights are
confined to 'certain special cases' which do not conflict with a 'normal
exploitation of the work' and do not 'unreasonably prejudice the legitimate
interests of the author'- is among the most enduring of standards affecting
limitations on intellectual property rights. Its field of application is the
delicate balance between exclusive rights and sufficient breathing space for
the free flow of ideas and information. However, the emerging information
society has thrown numerous unforeseen obstacles in the once-clear path of its
implementation. Can the traditional balance between grants and reservations of
copyright law be recalibrated along the lines of the three-step test in order
to meet current and future needs? Controversies over this crucial question -
in Europe, the U.S., Australia, and elsewhere, as well as in two significant
WTO panels in 2002 - have brought the three-step test into focus, the
essential principle governing copyright limitations in the information
society. Investigating the development, structure, and function of the
three-step test in international copyright law with thoroughness and precision,
Copyright, Limitations and the Three-Step Test offers a close and
insightful analysis of its continuing utility for the twenty-first century.
The book includes:
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viable restatements of the rationales of copyright protection for the emerging
IP environment;
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new insights into the relationship between copyright protection and copyright
limitations;
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in-depth explanation of the structure and functioning of the three-step test;
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detailed interpretations of each criterion of the test;
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discussion of the two WTO panel reports dealing with the test;
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a proposal for the further improvement of the copyright system and the
international rules governing copyright law;
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detailed information about international conference material concerning the
test; and
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discussion of potential future trends in copyright law.
The author provides many examples that demonstrate the test's impact on
different types of limitations, such as private use privileges and the U.S.
fair use doctrine. He explains the test's role in the European Copyright
Directive. The detailed examination and explanation of the three-step test
will be of extraordinary value to policymakers, judges, and lawyers in the
field of intellectual property law seeking to react adequately to the
challenges of the digital environment.
Foreword, Contents, List of Abbreviations
CHAPTER 1: INTRODUCTION
CHAPTER 2: THE THREE-STEP TEST WITHIN THE COPYRIGHT SYSTEM 2.1 Rationales
of Copyright Protection
2.2 Justifications for Copyright Limitations
2.3 Copyright's Delicate Balance
CHAPTER 3: THE CONTEXTUAL BACKGROUND
TO THE THREE-STEP TEST 3.1 The Berne Convention
3.2 The TRIPS
Agreement
3.3 The WIPO 'Internet' Treaties
CHAPTER 4: THE
INTERPRETATION OF THE THREE CRITERIA 4.1 Principles of Interpretation
4.2 Two Different Functions
4.3 The System of the Three Criteria
4.4 Certain Special Cases
4.5 Conflict with a Normal Exploitation
4.6 Unreasonable Prejudice to Legitimate Interests
CHAPTER 5: THE
THREE-STEP TEST IN THE EUROPEAN COPYRIGHT DIRECTIVE 5.1 The Contextual
Background
5.2 The Function of Article 5(5) CD
5.3 The Impact on
the List of Permissible Limitations
5.4 The Addressees of Article 5(5)
CD
CHAPTER 6: SUMMARY CHAPTER 7: CONCLUSION 7.1 Aligning Copyright Law
with the Users among Authors
7.2 Restructuring International Copyright
Law, Bibliography, Index, About the Author
