The Three-Step-Test Revisited: How to Use the Testts Flexibility in National Copyright Law

Geiger, Christophe; Gervais, Daniel J.; Senftleben, Martin

doi:10.2139/ssrn.2356619

Cited by 26 publications

(14 citation statements)

References 4 publications

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“…All three conditions in the test must be reasonably satisfied before a particular use can be considered as exempted. The draft Bill's section 20(1)(a)(v), in mirroring elements of the three-step-test, is thus potentially access-unfriendly (Geiger, 2007;Geiger et al, 2014). Jaszi, Carroll, and Flynn (2016) have recommended the removal of 20(1)(a) (v), and I too make this recommendation.…”

Section: The Fair Dealing Provisionmentioning

confidence: 99%

Nigerian Copyright Reform and Implications for Access to Teaching and Learning Materials (TLMs) in the Digital Age

Chuma-Okoro¹

2018

Afr. j. inf. commun. (Online)

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This article examines the extent to which the provisions of Nigeria's draft Copyright Bill promote access to teaching and learning materials (TLMs), with such access framed as an important public interest goal. The article highlights the weaknesses in the extant Nigerian copyright statute with regard to TLM access, and examines the extent to which the provisions of the draft Bill would provide improvement. The article concludes that while the draft Bill provides significant improvements in respect of TLM access, it also contains significant weaknesses and gaps which Nigerian lawmakers should seek to address.

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Section: The Fair Dealing Provisionmentioning

confidence: 99%

Nigerian Copyright Reform and Implications for Access to Teaching and Learning Materials (TLMs) in the Digital Age

Chuma-Okoro¹

2018

Afr. j. inf. commun. (Online)

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“…The Stockholm Revision of 1967 introduced the first omnibus expression of the authorial right over reproduction to the Berne Convention. 84 Nevertheless, "it was already there in various forms", 85 and, as Sam Ricketson and Jane Ginsburg observe, "reproduction rights were universally recognized under national legislation". 86 Different jurisdictions had developed a heterogeneous body of exceptions to the principle of exclusive author exploitation, and some of these exceptions had been incorporated into the Convention.…”

Section: A Berne Conventionmentioning

confidence: 99%

Time to Look Again? Copyright and Freedom of Panorama

Barrett

2017

VUWLR

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Copyright grants exclusive rights to authors of qualifying works. However, the Copyright Act 1994 permits reproduction, communication and commercial exploitation of certain artistic works which are on permanent public display. This exclusion from copyright, which is widely referred to as "freedom of panorama", is distinguishable from other permitted uses which tend to be narrow in scope and commonly manifest an element of fair dealing. Like other corresponding provisions of British heritage copyright legislation, New Zealand's freedom of panorama exclusion is significantly wider than comparable permitted uses in other jurisdictions. This article examines freedom of panorama in New Zealand. Note is taken of the Waitangi Tribunal report Wai 262, which considered among other issues the protection of Māori cultural treasures within the intellectual property law system. As points of comparison, selected overseas approaches to freedom of panorama are outlined. This article questions whether the current exclusion strikes an appropriate balance between competing rights and interests.

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“…89 This approach is mirrored by the WTO panel's focus on income-generating forms of exploitation. 90 This interpretation of the second step of the test, it is argued, is unduly blinkered. It presumes that exploitation necessarily equates with financial reward, and fails to account for non-financial forms of exploitation.…”

Section: The Copyright and Rights In Performances (Certain Permitted mentioning

confidence: 99%

It’s a Hard Knock Life: A Critique of the Legislative Response to the Orphan Works Problem in the Uk

Baker

2016

JLJ

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This article serves to identify the flaws in the three-pronged solution to the orphan works problem implemented in the UK. It concurrently questions the compatibility of the UK's approach with the objectives sought to be achieved by the legislation; namely to ensure legal certainty with respect to the use of orphan works, to facilitate cross-border access to orphan works, to facilitate mass digitisation projects and to ensure that authors' moral rights remain respected and protected. In addressing these issues, the article seeks to highlight aspects of the UK solution which could be amended in order to ensure that copyright law remains relevant and workable in the digital age, whilst maintaining a fair balance between protecting the interests of right holders and the public.

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The Three-Step-Test Revisited: How to Use the Testts Flexibility in National Copyright Law

Cited by 26 publications

References 4 publications

Nigerian Copyright Reform and Implications for Access to Teaching and Learning Materials (TLMs) in the Digital Age

Nigerian Copyright Reform and Implications for Access to Teaching and Learning Materials (TLMs) in the Digital Age

Time to Look Again? Copyright and Freedom of Panorama

It’s a Hard Knock Life: A Critique of the Legislative Response to the Orphan Works Problem in the Uk

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