Towards A New Core International Copyright Norm: The Reverse Three-Step Test
Daniel J. Gervais
Vanderbilt University - Law School
Marquette Intellectual Property Law Review, Vol. 9, p. 1, Spring 2005
This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but rather include a normative standard for the copyright rights themselves. In seeking harmony between rights and exceptions, and in light of copyright haphazard evolution (by simply adding new rights when a new way of using protected content was invented), a single new core norm is proposed: the reverse three-step test.
Number of Pages in PDF File: 36
Keywords: Internatonal copyright, three-step test, TRIPS
JEL Classification: 034, K33
Date posted: March 4, 2004
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