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

Authors

Daniel J. Gervais

Document Type

Article

Publication Title

Marquette Intellectual Property Law Review

Publication Date

2005

ISSN

1092-5899

Page Number

1

Keywords

copyright, the Digital Millennium Copyright Act, three-step test, TRIPS

Disciplines

Intellectual Property Law | International Trade Law | Law

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.

Recommended Citation

Daniel J. Gervais, Towards a New Core International Copyright Norm: The Reverse Three-Step Test, 9 Marquette Intellectual Property Law Review. 1 (2005)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/831