Permitted Uses in Copyright Law – Is There Need for an International Instrument?

Authors: Reto Hilty and Valentina Moscon

Abstract: As a follow-up project to the “Declaration on a Balanced Interpretation of the Three-Step Test” (2008), the Max Planck Institute for Innovation and Competition has coordinated an international group of world-renowned copyright experts to produce a legal instrument (possibly in the form of an international agreement) containing a nucleus of indispensable copyright-permitted uses that States should be obliged to implement in their legislations. With the purpose of counterbalancing the current international trend in copyright law, characterised by its “minimal protection approach”, concrete provisions and extended explanatory notes are provided to foster a “minimal limitation approach”.

Citation: Hilty, Reto and Moscon, Valentina, Permitted Uses in Copyright Law – Is There Need for an International Instrument? (February 22, 2018). Draft Chapter in: H. Sun, S. Balganesh, W.-L. Ng-Loy (eds), Comparative Aspects of Limitations and Exceptions in Copyright Law, Cambridge: Cambridge University Press, 2018, Forthcoming; Max Planck Institute for Innovation & Competition Research Paper No. 18-14.

Full paper on SSRN: https://ssrn.com/abstract=3208532