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The three-step test may prove to be extremely important if any nations attempt to reduce the scope of copyright law, because unless the WTO decides that their modifications comply with the test, such states are likely to face trade sanctions. Exceptions to copyright protection are required to be clearly defined and narrow in scope and reach. [2]
The court agreed with district court's refusal to follow the Whelan logic because the test is "conceptually overbroad." [1] A program can have multiple functions and thus many ideas. As an alternate metric, the court presented a three-step test to determine substantial similarity, abstraction-filtration-comparison.
Limitations and exceptions are also the subject of significant regulation by global treaties. These treaties have harmonized the exclusive rights which must be provided by copyright laws, and the Berne three-step test operates to constrain the kinds of copyright exceptions and limitations which individual nations can enact.
Article 5(3) allows Member States to establish copyright exceptions to the Article 2 reproduction right and the Article 3 right of communication to the public in cases of: illustration for teaching or scientific research, provided the source, including the author's name, is acknowledged, uses for the benefit of people with a disability,
A related point is that although the text of a computer program may be an "original work of authorship", protected by copyright laws, the algorithms and designs that the program embodies may be better considered to be "processes, procedures, systems, methods of operation", which are explicitly excluded from copyright protection although they ...
Direct evidence of actual copying by a defendant rarely exists, so plaintiffs must often resort to indirectly proving copying. [1] [page needed] Typically, this is done by first showing that the defendant had access to the plaintiff's work and that the degree of similarity between the two works is so striking or substantial that the similarity could only have been caused by copying, and not ...
There is a certain amount of work that goes into making copyright successful and just as with other works, copyright for computer programs prohibits not only literal copying, but also copying of "nonliteral elements", such as program's structure, sequence and organization. These non-literal aspects, however, can be protected only "to the extent ...
The court identifies three factors to consider during this step: elements dictated by efficiency, elements dictated by external factors, and elements taken from the public domain. [ 5 ] [ 9 ] The court explains that elements dictated by efficiency are removed from consideration based on the merger doctrine which states that a form of expression ...