Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

three-step test

Read a random definition: assembly

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
LSD+ is ad-free, with DMs, discounts, case briefs & more.