|The Swedish Supreme Court|
(photo courtesy of ... Wikipedia)
|Possibly infringing picture|
The Court also recalled that the three-step test in Article 5(5) mandates that exceptions and limitations are applied (1) in certain special cases, (2) which do not conflict with a normal exploitation of the work or other subject-matter and (3) do not unreasonably prejudice the legitimate interests of the rightholder.
- 'certain special cases' means that the exception at hand must be clearly defined and precise in scope;
- as regards the 'normal exploitation' of the work, this should take into consideration not only current uses of a work, but also the uses that could become possible thanks to technological advancement;
- as to the notion of 'legitimate interests', these should be assessed in light of whether a restriction in copyright exclusive rights would be justified to safeguard a stronger general interest. As such, it is a proportionality assessment.
|Image + cat + unreasonable prejudice|
|Don't like what you see? |
Yet, it's EU copyright