Berne Convention
The three-step test was first established in relation to the exclusive right of reproduction under Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works in 1967. Article 9 of the Berne Convention states that:
Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual recordings - (1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form. (2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. (3) Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention.
The 3-Step test in Article 9(2) of the Berne does not apply to copyright exceptions that are implemented under other parts of the Berne that have a separate standard, such as those in Articles Article 2(4,7 and 8), 1bis, 10, 10bis and 13(1), or the Berne Appendix.
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“No good poetry is ever written in a manner twenty years old, for to write in such a manner shows conclusively that the writer thinks from books, convention and cliché, not from real life.”
—Ezra Pound (1885–1972)