The Three-Step Test and Copyright Limitations in Europe: European Copyright Law between Approximation and National Decision Making

Abstract

The article considers emerging problems surrounding the application of the three-step test under Article 5 (5) Directive 2001/29/EC. Emphasis is placed on the tensions between market interests and the growing insight to permit institutions such as libraries and educational establsihements more freedom to offer valued-added services to users. The article critically evaluates the notorious test, derived from international copyright convention law, as a potential tool to cement monopolies - especially as regards academic publishing - and argues for a wider scope for copyright limitations as tools to promote innovation through competition.

Keywords: Copyright, three step test, academic publishing