The effect of the Three step standard on Copyright

Abstract

International agreements related to copyright and intellectual property in general often refer to the three-step test, one of the most important and oldest standards adopted in drafting these agreements, as well as in regional and national legislation influenced by their provisions. The three-step test addresses the formulation of restrictions and exceptions to ensure they do not infringe upon copyright, and it balances public and private interests when imposing such restrictions and exceptions. According to this standard, permissible uses of copyrighted works and subjects should be limited to specific and particular cases that do not conflict with their natural exploitation and do not unreasonably harm the legitimate interests of the rights holder. This study examines this test as a binding standard not only for the drafting of relevant national laws but also for courts when interpreting and applying those laws. By examining the meaning of this standard, its scope of application, those addressed by it, and explaining those steps individually, it became clear that these are issues that are still unclear to some, and are subject to many viewpoints, especially with recent developments in many fields, including, but not limited to, the extent of its applicability to the digital environment and to the use of works or compositions that take a digital form.