Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-23T01:14:26.875Z Has data issue: false hasContentIssue false

3 - Displacing the Dominance of the Three-Step Test: The Role of Global Mandatory Fair Use

from Part II - Internationalizing Copyright Exceptions

Published online by Cambridge University Press:  15 January 2021

Shyamkrishna Balganesh
Affiliation:
University of Pennsylvania Law School
Ng-Loy Wee Loon
Affiliation:
National University of Singapore School of Law
Haochen Sun
Affiliation:
University of Hong Kong Faculty of Law
Get access

Summary

Article 10(1) of the Berne Convention mandates a quotation exception that is broad in scope, one that is not limited by work, nor type of act, nor by purpose, and is only subject to the conditions in Article 10, namely, the work has been lawfully made available to the public, attribution, fair practice, and proportionality. We call this “global mandatory fair use.” This overlooked norm in international copyright law is unaffected by and distinct from the three-step test and, as such, potentially dislodges its dominance. In turn, this creates different possibilities for how to conceive of and assess copyright exceptions at the national level. To substantiate our argument, this chapter is structured in three parts.outlines our underpinning contention, namely, that Article 10(1) creates a global mandatory “fair use” type obligation.explains why this obligation is unaffected by the three-step test in international copyright law. Finally, in , we draw out the differences between Article 10(1) and the three-step test and illustrate the potential relevance of this for national law using the specific case of US “fair use.”

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×