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Berne three-step test

The Berne three-step test is a set of constraints on the limitations and exceptions to (A right reserved exclusively by a particular person or group (especially a hereditary or official right)) exclusive rights under national (A document granting exclusive right to publish and sell literary or musical or artistic work) copyright laws.

It was first applied to the exclusive right of reproduction by Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works in 1967. Since then, it has been transplanted and extended into the TRIPs Agreement, the WIPO Copyright Treaty, the EU Copyright Directive and the WIPO Performances and Phonograms Treaty.

The most important version of the test is that included in Article 13 of TRIPs. It reads,

Members shall confine limitations and exceptions to exclusive rights 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 rights holder.



(the three steps have been underlined for emphasis)

The technical legal reasoning which has been applied to suggest how this wording should be interpreted is arcane (see the references below). To date, only one case (before a WTO dispute settlement panel, involving U.S. copyright exemptions allowing restaurants, bars and shops to play radio and TV broadcasts without paying licensing fees, passed in 1998 as a (A traveler who actively rides an animal (as a horse or camel)) rider to the Sonny Bono Copyright Term Extension Act) has actually required an interpretation of the test.

The three-step test may prove to be extremely important if any nations attempt to reduce the scope of copyright law, because unless the WTO decides that their modifications comply with the test, such states are likely to face trade sanctions.

TRIPs Article 30, covering limitations and exemptions to (An official document granting a right or privilege) patent law, is also derived from the three-step test.

The 'three-step' test can also be found in Article 10 of the WIPO Copyright Treaty, Article 6(3) of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs, Article 6(3) of Directive 96/9/EC of the European Parliament and of the (A body serving in an administrative capacity) Council of 11 March 1996 on the legal protection of databases and Article 5(5) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.

The source of this article is from Wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.

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