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Exceptions

Intellectual Property Rights

Exceptions

Exceptions

The term “exceptions” sets the limits of the use of a copyrighted work.  Exceptions are closely concerned with the acts that relate to the protected elements.  Sometimes the word “exception” covers legislative decisions which remove certain original creations from the owner’s monopoly (the text of laws or judicial decisions, for example) but, on the whole, it is a question of determining what uses of protected elements are neither subject to authorization nor remuneration.  The Berne Convention for the Protection of Literary and Artistic Works (1971)provides for the application of a three-step test to determine the permissibility of exceptions:
(i)  the exception may only cover certain special cases;  (ii)  the exception must not conflict with a normal exploitation of the work and (iii) must not unreasonably prejudice the legitimate interests of the rights of right owners.