Simple English definitions for legal terms
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The three-step test is a way to determine if someone has infringed on someone else's copyright. It involves looking at three things: (1) whether the use of the protected work is only for special cases, (2) if it doesn't interfere with the owner's normal use of the work, and (3) if it doesn't harm the owner's interests. This test is similar to the fair-use doctrine in U.S. law.
The three-step test is a legal analysis used to determine if the use of a protected work is considered an infringement under the TRIPs and Berne Convention. The test involves three steps:
This test is similar to the fair-use doctrine in U.S. law.
Let's say a musician wants to use a sample from another artist's song in their own music. They would need to apply the three-step test to determine if their use of the sample is considered an infringement.
By applying the three-step test, the musician can determine if their use of the sample is considered an infringement or not.