Permitted Uses in Copyright Law - Is There Need for an International Instrument?
Draft Chapter in: H. Sun, S. Balganesh, W.-L. Ng-Loy (eds), Comparative Aspects of Limitations and Exceptions in Copyright Law, Cambridge: Cambridge University Press, 2018, Forthcoming
28 Pages Posted: 13 Jul 2018
Date Written: February 22, 2018
As a follow-up project to the “Declaration on a Balanced Interpretation of the Three-Step Test” (2008), the Max Planck Institute for Innovation and Competition has coordinated an international group of world-renowned copyright experts to produce a legal instrument (possibly in the form of an international agreement) containing a nucleus of indispensable copyright-permitted uses that States should be obliged to implement in their legislations. With the purpose of counterbalancing the current international trend in copyright law, characterised by its “minimal protection approach”, concrete provisions and extended explanatory notes are provided to foster a “minimal limitation approach”.
Keywords: Copyright Law, Three-Step Test, Exceptions and Limitations, Permitted Uses, International Law, Bern Convention, TRIPS, International Instrument, intellectual property, Declaration, Free Trade Agreements
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