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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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There aren't many people in my stat range so I pretty much know every result in my range after being on here for a few years
9:28
congrats on the 172 bruce
go dawgs fr
9:29
roll tide
do we foresee a fordham election day wave today (i'm delusional)
WorthlessAttractiveZombie
9:31
I think so, Jack
9:31
some people hate him. some people love him, but he a real one: https://youtu.be/w5oEqiVQcF4?t=173
9:32
[kevin oleary]
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
WorthlessAttractiveZombie
9:34
I mean if Fordham doesn't release today I will purposefully get on a train, go to new york, and then take the stinkiest shit inside the admission office's toilet (potentially clogging it and forcing them to get a plumber)
IS IT ONLY ON MY END WHY DID THAT SEND TEN MILLION TIMES
HELLO
WorthlessAttractiveZombie
9:35
it sent a million times lol
WHAT HAPPENED
yeah i thought you were tweaking for a second
i'm so sorry everyone what the actual fuck this website hates me
WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
usc pls pull through .....
i literally just need one A so i can relax before my ED decision
WorthlessAttractiveZombie
9:38
oh that's right USC might release
soapy
9:43
USC still has not looked at my app
WorthlessAttractiveZombie
9:43
when did you submit soapy?
soapy
9:44
10/16
WorthlessAttractiveZombie
9:44
to be fair it took them almost 2 months for me to go under review
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