Article 10bis – Continue to use works freely: 1. Some articles and broadcasters; 2. The TRIPS version is widely regarded as an error by many copyright experts and appears to require on its face that all copyright restrictions or exceptions be subject to three separate tests – (1) is a “special case,” (2) is “contrary to the normal exploitation” of the work and (3) it “untenablely undermines the legitimate interests of the rights holder.” Of course, copyright holders are madly in love with the TRIPS version and engage in any new agreement mentioning copyright in endless advertising for the language. It can be read, however, that the 1967 Berne Convention rejected the idea that its own three-step approach would generally apply to copyright restrictions and exceptions – it was reserved only for cases where the Bernese had no “special” or exceptional restrictions, and only to the right to reproduce. What other Bernese restrictions and exceptions had their own standards? A lot, in fact, and they`re important. 2. It is up to EU legislation to determine the conditions under which the rights covered in paragraph 1 can be exercised, but these conditions apply only in the countries where they are prescribed. They cannot in any way infringe the moral rights of the author or his right to fair remuneration which, in the absence of agreement, is determined by the competent authority. 3. In the absence of a contrary provision, the authorization granted in accordance with paragraph 1 of this article does not mean permission to record the work broadcast through recordings of sounds or images. However, it is up to EU legislation to set the rules for volatile recordings made by a broadcaster on its own facilities and used for its own programmes. The preservation of these archives in the official archives may be authorized by this legislation because of their exceptional documentary nature.
2. It is up to the legislation of the countries of the Union and existing special agreements or to conclude between them that the use of literary or artistic works, to the extent that the objective justifies it, allows literary or artistic works to be illustrated in publications, programmes or sound or visual recordings for teaching, provided that this use is compatible with fair practice. What is the three-step copyright test? There are several. The Berne Convention, established in 1967, provided for a three-step stage to provide for general exceptions to authors` reproductive rights in areas where the Bernese did not have their own (special) standard for the exception. The three-step test was modified to focus on rights holders in the TRIPS agreement and amended again in the WCT to recognize the importance of Bernese exceptions, in the WPPT for the rights it granted, and now in countless new treaties and trade agreements, with some surprising deviations, (1) It is up to the legislation of the EU countries to authorize reproduction. , by the press, broadcasting or broadcasting by wiring, articles published in newspapers or periodicals on current economic, political or religious topics, as well as broadcasting works of the same nature, by the press, broadcasting or public communication, when reproduction to which broadcasting or communication is not expressly reserved.