Book contents
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- 3 Displacing the Dominance of the Three-Step Test: The Role of Global Mandatory Fair Use
- 4 An International Instrument on Permitted Uses in Copyright Law
- 5 A Copyright Limitations Treaty Based on the Marrakesh Model: Nightmare or Dream Come True?
- 6 Protection of Limitations and Exceptions in the International Copyright Framework
- Part III Models of Copyright Exceptions
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- Part V Copyright Exceptions and Technology
4 - An International Instrument on Permitted Uses in Copyright Law
from Part II - Internationalizing Copyright Exceptions
Published online by Cambridge University Press: 15 January 2021
- The Cambridge Handbook of Copyright Limitations and Exceptions
- The Cambridge Handbook of Copyright Limitations and Exceptions
- Copyright page
- Contents
- Contributors
- Preface
- Part I The Theoretical Foundation of Copyright Limitations
- Part II Internationalizing Copyright Exceptions
- 3 Displacing the Dominance of the Three-Step Test: The Role of Global Mandatory Fair Use
- 4 An International Instrument on Permitted Uses in Copyright Law
- 5 A Copyright Limitations Treaty Based on the Marrakesh Model: Nightmare or Dream Come True?
- 6 Protection of Limitations and Exceptions in the International Copyright Framework
- Part III Models of Copyright Exceptions
- Part IV Obvious and Hidden Values in the Working of Copyright Exceptions
- Part V Copyright Exceptions and Technology
Summary
International copyright law imposes a solid minimum standard of copyright protection, while requiring a very thin minimum standard of permitted uses. As the Berne Convention (BC) evolved and in 1996 subsequent international Treaties were adopted, international copyright law has increasingly strengthened protection of private rights of exclusion and eschewed setting mandatory permitted uses. Also International law has been progressively interpreted as a limit for States to lay down permitted uses in their laws or to define the scope of existing provisions extensively. This is partly due to how the Three-Step Test set forth by Article 9(2) BC has been understood over time. Originally intended as a way for Berne Union countries to permit reproduction of copyrighted works, the Test has been later intended as a strict method of regulating the system of copyright permitted uses.
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- Publisher: Cambridge University PressPrint publication year: 2021