International Instrument on Permitted Uses in Copyright Law and Explanatory Notes

Abstract

The "International Instrument on Permitted Uses in Copyright Law" (the Instrument) is the result of a research project for a balanced reconciliation of interests in copyright law. The project was coordinated by the Max Planck Institute for Innovation and Competition and resulted in a legal instrument designed in the form of an international treaty establishing a core of minimum permitted uses of works. This core of permitted uses is intended to be mandatory for prospective Contracting Parties, who remain free, however, to go beyond the minimum set of permitted uses provided for in the Instrument. The approach undertaken on the basis of "minimum permitted uses" counterbalances the traditional "minimum protection" approach of international copyright law. Among other things, this approach supports Contracting Parties in addressing the political pressure that notoriously exists in international negotiations, especially in the context of bilateral or regional agreements.
The Instrument is composed of three parts (A. Permitted uses; B. General principles of implementation; C. Competition; Abuse) and is accompanied by explanatory notes that clarify the purpose and meaning of the Instrument and its provisions.

Keywords: Permitted Uses; Copyright Law; International Treaty; Free Trade Agreement; Three-step-test; Flexibility