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Copyright, Limitations and the Three-step Test

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ISBN13: 9789041122674
ISBN: 9041122672
Published: January 2004
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £107.00



Low stock.

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.

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.

Series: Information Law Series

Open Source Software and Intellectual Property Rights ISBN 9789041152282
Published June 2014
Kluwer Law International
£148.00
Variable Scope of the Exclusive Economic Rights in Copyright ISBN 9789041149152
Published May 2014
Kluwer Law International
£140.00
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
£127.00
£95.00
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
£108.00
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
£108.00
£107.00
£95.00
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
£141.00
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
£158.00
Copyright Limitations and Contracts ISBN 9789041198679
Published February 2002
Kluwer Law International
£128.00
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
£126.00
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
£146.00
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
£158.00
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
£123.00
Challenges to the Creator Doctrine
ISBN 9789065448767
Published August 1994
Kluwer Law International
£93.00
Copyright and Photographs: An International Survey ISBN 9789041197221
Published December 0002
Kluwer Law International
£158.00