Understanding the “three-step test”

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

doi:10.4337/9781782544807.00014

Cited by 55 publications

(19 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…48 To begin with, Hohfeld spoke of eight fundamental legal conceptions (FLCs), which can be arranged as four jural correlatives between themselves, namely right-duty, privilege-no right, power-liability and immunity-disability. 49 If one person has a right, it creates 46 Analytical jurisprudence is described as 'the branch of legal theory or philosophy that is concerned with the linguistic and logical elucidation of legal concepts.' Nicholas Bunnin and Jiyan Yu (eds), The Blackwell Dictionary of Western Philosophy (Blackwell Publishing 2004).…”

Section: Hohfeldian Analyticsmentioning

confidence: 99%

Implied Licences in Copyright Law

Mysoor¹

2021

View full text Add to dashboard Cite

Implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of copyright owners and content users, especially in today’s dynamic technological environment. However, implication as a process is contentious and there are no established principles for implying copyright licences. The resulting uncertainty has led to incoherence, diminishing the value of implied licences in judicial reasoning. This book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law methodically in the light of these frameworks to demonstrate how the court’s reasoning can be made transparent. Underscoring the contemporary relevance of implied licences, the book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet—browsing, hyperlinking, and indexing.

show abstract

Section: Hohfeldian Analyticsmentioning

confidence: 99%

Implied Licences in Copyright Law

Mysoor¹

2021

View full text Add to dashboard Cite

show abstract

“…124 in the future judges will be free to interpret the test in another way. In this way, they could draw inspiration from the suggestions of some scholars who have proposed other interpretations 126 in order to render the three-step test an efficient instrument of flexibility, so that limitations provided by the legal statutes could finally be interpreted more extensively.…”

Section: An Extensive/flexible Understanding Of Copyright Limitationsmentioning

confidence: 99%

Copyright as an access right: Securing cultural participation through the protection of creators’ interests

Geiger¹

2017

What if We Could Reimagine Copyright?

Self Cite

View full text Add to dashboard Cite

“…Article 9(2) establishes a three-step test, 90 which according to Christophe Geiger and his coauthors, "served as a counterweight to the formal recognition of a general right of reproduction". 91 Despite art 9(2) being unanimously accepted at the Conference, "there is still considerable uncertainty and even ambiguity over its scope". 92 Indeed, in Radford, Keane J found the three-step test unhelpful and "too abstract" in "deciding the ambit of section 73" and observed: 93 The values on which the test relies it does not define and each involves choices.…”

Section: A Berne Conventionmentioning

confidence: 99%

Time to Look Again? Copyright and Freedom of Panorama

Barrett

2017

VUWLR

View full text Add to dashboard Cite

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.

show abstract

Understanding the “three-step test”

Cited by 55 publications

References 0 publications

Implied Licences in Copyright Law

Implied Licences in Copyright Law

Copyright as an access right: Securing cultural participation through the protection of creators’ interests

Time to Look Again? Copyright and Freedom of Panorama

Contact Info

Product

Resources

About