gle.ovo.

KEI statement on library exceptions at WIPO SCCR 28 | Knowledge Ecology International

“The three-step test was not initially intended to limit library exceptions. It was created in 1967, in the Berne Convention, in a limited way, and not to regulate all exceptions. It did not regulate the “particular” exceptions in the Berne Convention on a wide range of topics, including education, it did not regulate the first sale doctrine, the control of anticompetitive practices, exceptions related to limitations on remedies for infringements, or the Appendix to the Berne for developing countries. The 3-step test does not apply to all related rights.Over time, there has been an effort by publishers to replicate and modify the 3-step test, and to promote the 3-step test as a broad global norm to restrict all copyright exceptions. One of my colleagues at KEI has referred to the 3-step test as poison ivy that’s invading all copyright discussions today.Some act as if there are versions of the three-step test that can magically stop all governments for all time from choosing to place limits on copyright, creating a perpetual democracy-free-zone for publishers. Publisher lobbies see the 3-step test as a permanent injunction against legislative efforts to expand exceptions and user rights.No one really knows how the three step test should be applied in practice, and if applied in the most literal and restrictive ways, it would have a devastating impact on the policy space for copyright reform.The biggest threat to the public right now is the effort by trade negotiators from the United States and Europe to write new versions of the three-step test into trade agreements, and to give private investors the rights to fine governments when national exceptions violate the 3-step test. They want to allow publishers to litigate the 3-step test, not in national courts, but in Investor State Dispute Settlement ISDS arbitration.”

via KEI statement on library exceptions at WIPO SCCR 28 | Knowledge Ecology International.

 

KEI statement on library exceptions at WIPO SCCR 28 | Knowledge Ecology International



Comments are closed.