The Three-step Test, Deemed Quantities, Libraries and Closed Exceptions
"The present study is concerned primarily with just one treaty provision, namely article 9(2) of the Berne Convention. This is often referred to as "the three-step test", and it has come to be regarded as providing the international yardstick for exceptions to exclusive rights...The present study begins with an examination of the relevant rules of treaty interpretation and then moves to apply them to article 9(2) and the later treaty provisions that have adopted its wording. Having thus formulated a workable interpretation of the three-step test, the study then considers whether the quantitative test embodied in subsection 40(3) of the Copyright Act 1968 is consistent with it...The general conclusion of the study is that, in many respects, these provisions do not fulfil the requirements of the three-step test, and recommendations are made as to how these deficienies might be met." -- p. 2.