Copyright: exceptions, limitations and Three-Step-Test

Abstract

A systematic and regulatory reflection of exceptions to Copyright is held up on the Convention of the Berne Union on the protection of literary and artistic works, base of the main models of exceptions and limitations to copyright, analyzing also the other normative instruments, as TRIPS / WTO. Briefly, the “three step test” provides assumptions relating to the right of reproduction by third parties, since it authorizes exceptions and limitations to copyright. The aim is to discuss the topic from the grounds of the Doctrine of Consistent Interpretation and the principle of Pacta Sunt Servanda, given that national legislation must be in harmony with the international system of intellectual property protection in order to balance copyright (moral and material) in the public interest, embodied in access to protected works, enabling the tutelage of issues related to education, research and access to information. Special reference is done to the application of the exceptions and limitations to copyright within the Internet ambit, from the interpretation of fair use.