@article{42037,
      author = {Ginsburg, Jane C.},
      url = {http://tind.wipo.int/record/42037},
      title = {Toward Supranational Copyright Law? The WTO Panel Decision  and the 'Three-Step Test' for Copyright Exceptions},
      abstract = {The WTO panel decision marks the first time an  international adjudicative body has interpreted either art.  13 of TRIPs, or art. 9.2 of the Berne Convention, the text  TRIPs incorporates, and generalizes from the Berne  Convention reproduction right to all TRIPs and Berne rights  under copyright. Berne art. 9.2/TRIPs art. 13 impose the  "three-step test" to evaluate the legitimacy of exceptions  and limitations on copyright; the panel's decision  extensively analyzes each of the steps. As other  multilateral instruments, such as the 1996 WIPO Copyright  Treaty (art. 10) and WIPO Performers and Phonograms Treaty  (art. 16.2), as well as the pending European Union  Information Society Directive (art. 5.4), increasingly  adopt the "three-step test," the WTO Panel decision may  significantly advance the development of a truly supra  national law of copyright.  This article will analyze the  Panel's interpretation of the test's three steps, and their  application to the U.S.-law exemption. The article will  also compare the Panel's treatment of the three-step test  with the prior analyses proposed by several Berne  Convention commentators, in order to reflect on what the  Panel's analysis might mean for copyright exceptions more  broadly. It is important to recognize, however, that the  decision's actual impact on international copyright law  will also depend on other considerations that will not be  addressed here, including: Member State compliance with  Panel decisions; the precedential effect of one Panel  decision on later dispute resolution panels; and the  willingness of national courts to look to WTO Panel  decisions for guidance in evaluating local exceptions.},
      recid = {42037},
      pages = {16 pages},
}