Article 13 Of Trips Agreement

The Berne Convention, created in 1967, provides for general exceptions to authors` reproduction rights in areas where the Berne Convention did not have a separate (specific) standard for the exception. The three-step test has been modified to focus on right holders in TRIPS and modified again in the WCT, to recognize the importance of Bernese waivers, in the WPPT for the rights it grants and now in countless new treaties and trade agreements, with some surprising waivers, many of which are reported here: /node/1568. (2) It is for the legislation of the countries of the Union to lay down the conditions under which the rights referred to in the preceding paragraph may be exercised, but those conditions shall apply only in the countries where they are prescribed. They may in no case infringe the property rights of copyright or its right to equitable remuneration, fixed without agreement by the competent authority. 3. In the absence of provisions to the contrary, the authorisation granted under paragraph 1 of this Article shall not mean authorisation to record the work broadcast with instruments which record sounds or images. However, it is for the legislation of the countries of the Union to lay down the rules applicable to short-lived recordings made by a broadcasting company with the help of its own organisations and used for its own consignments. The preservation of these recordings in the official archives may be authorized by this legislation due to its exceptional documentary nature. . . .

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