The effect of the Three step standard on Copyright

Abstract

International agreements related to copyright and intellectual property rights in general often refer to the three-step test, one of the oldest and most important standards used in drafting these agreements, as well as in regional and national legislation influenced by their provisions. The three-step test balances public and private interests when imposing restrictions and exceptions on copyright. According to this standard, permissible uses of copyrighted works and subjects should be limited to specific and limited cases that do not conflict with their normal exploitation and do not unreasonably prejudice the legitimate interests of the rights holder. As such, it is a binding standard not only for the drafting of relevant national laws but also for courts when interpreting and applying those laws. Despite the importance of this standard and its establishment in many international and national conventions, its meaning, scope of application, and intended audience remain unclear to some, and are subject to diverse viewpoints, especially with recent developments in various fields. These include, but are not limited to, its applicability to the digital environment and the use of digitally formatted works or publications.