International Standard Of Copyright Limitations And Exceptions Application

Three-step test is a basic standard or method when a country to develop their national copyright limitations and exceptions. It first appeared in 1967, the "Berne Convention" Stockholm text, expressed as a result of the three conditions, so it is called three-step test. It plays an important role in copyright imitations and exceptions which area is very sensitive and important.This paper starts with the basic concept of thee-step test. It's tracing its development, affirmed its important position in the field of international copyright. Then, this paper focuses on an analysis of the three-step test for the specific content of the European Union v. United States 110 (5) case, analysis of the WTO Panel on the specific content of test interpretation, and on this basis proposed of three-step test for the specific meaning of the new thinking. After the analysis of legislative interpretation, this article discusses the three-step test for the possibilities and difficulties in the administration of justice, and by the French Supreme Court Mulholland Drive for a comprehensive evaluation of the procedures and methods of judge use three-step test to cases. Finally, this paper discussed China's three-step test on the relevant rule. Author thinks our three-step test and the relevant rules of legislation need to improve, and application of three-step test in our country's judicial too early.Hope this article by introducing three-step test positive view on international, combined with the analysis of its specific meaning and judicial application of the problem, will inspire China's copyright-related legislation and judicature.