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Towards A New Core International Copyright Norm: The Reverse Three-Step Test

36 Pages Posted: 4 Mar 2004  

Daniel J. Gervais

Vanderbilt University - Law School

Abstract

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.

Keywords: Internatonal copyright, three-step test, TRIPS

JEL Classification: 034, K33

Suggested Citation

Gervais, Daniel J., Towards A New Core International Copyright Norm: The Reverse Three-Step Test. Marquette Intellectual Property Law Review, Vol. 9, p. 1, Spring 2005. Available at SSRN: https://ssrn.com/abstract=499924

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

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