Copyright Limitations And The Three Step Test
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| Author | : Martin Senftleben |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 358 |
| Release | : 2004-01-01 |
| Genre | : Law |
| ISBN | : 9041122672 |
The book includes: viable restatements of the rationales of copyright protection for the emerging IP environment; new insights into the relationship between copyright protection and copyright limitations; in-depth explanation of the structure and functioning of the three-step test; detailed interpretations of each criterion of the test; discussion of the two WTO panelreports dealing with the test; a proposal for the further improvement of the copyright system and the international rules governing copyright law; detailed information about international conference material concerning the test; and 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.
| Author | : Ruth L. Okediji |
| Publisher | : Cambridge University Press |
| Total Pages | : 543 |
| Release | : 2017-03-30 |
| Genre | : Law |
| ISBN | : 1107132371 |
In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.
| Author | : Daniel J. Gervais |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 459 |
| Release | : 2017-03-31 |
| Genre | : Law |
| ISBN | : 1785369504 |
In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.
| Author | : Shyamkrishna Balganesh |
| Publisher | : Cambridge University Press |
| Total Pages | : 719 |
| Release | : 2021-01-07 |
| Genre | : Law |
| ISBN | : 1108670873 |
While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.
| Author | : Sam Ricketson |
| Publisher | : |
| Total Pages | : 154 |
| Release | : 2002 |
| Genre | : Agreement on Trade-Related Aspects of Intellectual Property Rights |
| ISBN | : 9781876692049 |
"The present study is concerned primarily with just one treaty provision, namely article 9(2) of the Berne Convention. This is often referred to as "the three-step test", and it has come to be regarded as providing the international yardstick for exceptions to exclusive rights...The present study begins with an examination of the relevant rules of treaty interpretation and then moves to apply them to article 9(2) and the later treaty provisions that have adopted its wording. Having thus formulated a workable interpretation of the three-step test, the study then considers whether the quantitative test embodied in subsection 40(3) of the Copyright Act 1968 is consistent with it...The general conclusion of the study is that, in many respects, these provisions do not fulfil the requirements of the three-step test, and recommendations are made as to how these deficienies might be met." -- p. 2.
| Author | : João Pedro Quintais |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 407 |
| Release | : 2017-05-15 |
| Genre | : Law |
| ISBN | : 9041186794 |
" In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "
| Author | : Susan Štrba |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 256 |
| Release | : 2012-08-22 |
| Genre | : Law |
| ISBN | : 9004228993 |
In International Copyright Law and Access to Education in Developing Countries: Exploring Multilateral Legal and Quasi-Legal Solutions, Susan Isiko Štrba demonstrates the challenge of access to printed copyrighted educational and research materials in developing countries and proposes institutional and normative solutions at national and international levels.
| Author | : World Intellectual Property Organization |
| Publisher | : WIPO |
| Total Pages | : 231 |
| Release | : 1978 |
| Genre | : Law |
| ISBN | : 9280500023 |
The aim of this Guide is to present, as simply and clearly as possible, the contents of the Berne Convention and to provide a number of explanations as to its nature, aims and scope.
| Author | : Chenguo Zhang |
| Publisher | : Springer Nature |
| Total Pages | : 216 |
| Release | : 2022-10-31 |
| Genre | : Law |
| ISBN | : 9811968640 |
The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.
| Author | : Peter-Tobias Stoll |
| Publisher | : BRILL |
| Total Pages | : 945 |
| Release | : 2009 |
| Genre | : Political Science |
| ISBN | : 9004145672 |
This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.
