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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.
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]
To bring a copyright infringement lawsuit, a copyright holder must establish ownership of a valid copyright and the copying of constituent elements of the work that are original. [76] The copyright owner must also establish both (a) actual copying and (b) improper appropriation of the work.
In addition, fair use is only one of many limitations, exceptions, and defenses to copyright infringement. Thus, a prima facie case can be defeated without relying on fair use. For instance, the Audio Home Recording Act establishes that it is legal, using certain technologies, to make copies of audio recordings for non-commercial personal use. [32]
EU copyright laws recognise the right of EU member states to implement some national exceptions to copyright. Examples of those exceptions are: photographic reproductions on paper or any similar medium of works (excluding sheet music) provided that the rightholders receives fair compensation;
One of these limitations on the rights granted to the copyright holder is called "fair use." A more restricted version called fair dealing generally applies outside the United States. Generally, fair use exceptions are ill-defined, and vary widely from country to country. What is fair use in one country may not be in another country.
The Buenos Aires Convention also instituted the rule of the shorter term, where the length of the copyright term for the work in a country was whichever was shorter - the length of the term in the source country, or the protecting country of the work.
Hence internet service providers are not liable for the data they transmit, even if it infringes copyright. The other limitations are optional, with Member States choosing which they give effect to in national laws. Article 5(2) allows Member States to establish copyright exceptions to the Article 2 reproduction right in cases of: