Trips Agreement Article 13

1. Each country of the Union may, taken into account, place reservations and conditions on the exclusive right granted to the author of a musical work and to the author of all words whose recording has already been authored by the latter, along with the musical work, to author the sound recording of this musical work accompanied by these words. If so. However, all these reservations and conditions apply only to the countries that have imposed them and do not in any way infringe the right of these authors to obtain fair remuneration, which is set without authorisation by the competent authority. 2. It is up to the legislation of the countries of the Union and existing special agreements or to conclude between them that the use of literary or artistic works, to the extent that the objective justifies it, allows literary or artistic works to be illustrated in publications, programmes or sound or visual recordings for teaching, provided that this use is compatible with fair practice. (1) It is the responsibility of EU law to allow the reproduction by the press, radio or public communication by wiring of articles published in newspapers or periodicals on current economic, political or religious subjects, as well as broadcasting works of the same nature, where reproduction, broadcasting or communication to the public is not expressly reserved. Nevertheless, the source must always be clearly stated; the legal consequences of a breach of this obligation are determined by the legislation of the country where protection is claimed. The TRIPS version is widely regarded as an error by many copyright experts and at first glance appears to require that all copyright restrictions or exclusions be subject to three separate tests. (1) the E.L. is a “special case,” (2) it is “in contradiction with the normal operation” of the work and (3) carries “unreasonably the legitimate interests of the right holder.” Of course, copyright holders are madly in love with the TRIPS version and engage in any new agreement mentioning copyright in endless advertising for the language.

It can be read, however, that the 1967 Berne Convention rejected the idea that its own three-step approach would generally apply to copyright restrictions and exceptions – it was reserved only for cases where the Bernese had no “special” or exceptional restrictions, and only to the right to reproduce.