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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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18:36
Is your LSAT also below median?
TGM
18:37
It’s above median, but I’m applying T6 with unimpressive softs, so even with a good LSAT it’s tough
texaslawhopefully
18:38
Yeah, then I would just wait as long as you can to send it
texaslawhopefully
18:38
For like HLS at least, if you wait till J6 then you may already have a decision
TGM
18:39
@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
18:39
Yeah I would delay as long as you have plausible deniability
TGM
18:40
I actually do have a transcript issue that registrar needs to resolve, should I say that
TGM
18:41
(Course marked as Incomplete that’s supposed to be removed)
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
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