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Simple English definitions for legal terms

three-step test

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A quick definition of three-step test:

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.

A more thorough explanation:

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:

  1. Is the use of the protected work limited to special cases?
  2. Does the use of the protected work conflict with the owner's normal exploitation of the work?
  3. Does the use of the protected work unreasonably prejudice the legitimate interests of the owner?

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.

  1. Is the use of the sample limited to special cases? In this case, it may be argued that using a sample is a common practice in the music industry, so it may not be limited to special cases.
  2. Does the use of the sample conflict with the owner's normal exploitation of the work? If the sample is used in a way that competes with the original song, it may be considered a conflict.
  3. Does the use of the sample unreasonably prejudice the legitimate interests of the owner? If the use of the sample negatively impacts the original artist's ability to profit from their work, it may be considered unreasonable prejudice.

By applying the three-step test, the musician can determine if their use of the sample is considered an infringement or not.

three-mile limit | three-strikes law

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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