The Berne Convention for the Protection of Literary and Artistic Works (1971) uses the expression “fair practice” in certain provisions on exceptions to copyright protection (see
Article 10(1) concerning quotations, and Article 10(2) on free utilization of works—to the extent justified by the purpose—by way of illustration for teaching). For determining what kind of practice may be regarded as “fair,” the criteria of the three-step test should be taken into account.