Elgar Intellectual Property and Global Development series
The real measure of a nation’s wealth is the stream of goods and services that it creates.1 Copyright as a legal concept originated in the United Kingdom (UK) under the 1709 Statute of Anne, which was introduced as an act to promote the encouragement of learning. Thereafter, copyright has developed from a domestic law that regulated the rights of copying in the publishing industry to a generally established global regulation that has extensive influences on almost every modern industry. In the modern world, copyrighted works are protected both by national laws, in individual countries, and international laws such as the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention). The Berne Convention sets out the international aspects and standard of copyright protection, including the limitations or exceptions to copyright. The exceptions to copyright are justified through the use of the “three-step test”, which is the critical measurement for defining all copyright exceptions. It states that firstly, limitations or exceptions to exclusive rights must be confined to certain special cases; secondly, these cases must not conflict with the normal exploitation of a work; and thirdly, these cases must not unreasonably prejudice the legitimate interests of the copyright holder. The three-step test was first set out in the Berne Convention and was then incorporated and enhanced in other international treaties, such as the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) 1994, the WIPO Copyright Treaty (WCT) 1996, the WIPO Performances and Phonograms Treaty (WPPT) 1996 and the...