วารสารนิติศาสตร์ ฉบับรพี: ปีที่ 3 ฉบับที่ 1 (มีนาคม 2553)
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ItemRethinking of the exception for individual use of the berne convention in the digital environment(Assumption University Press, 2010)It is acceptable known that a cornerstone of the limitations on and exceptions to copyright is indicated in the Berne three-step test under Article 9(2) of the Berne Convention, which is a crucial clause for the member states to incorporate into their domestic laws. Notwithstanding, there are some arguments regarding the unclearness of the language used in the three-step test of the Berne Convention, which induces an ambiguity and different interpretations amongst member states. Due to the rapid of technological change, this argument is being addressed much recently whether the term used in the three-step test can be effectively adopted in the digital world. This article found that some minor amendments to the language used in the three-step test are required to reflect the new technological environment. Eventually, the exceptions granted in Article 9(2) can be the mould for the member states and at the meanwhile can still maintain the balance of the interests between right holders and users in the digital environment.