This paper looks at the effect that digital technology has had on copyright protection, the trend towards international harmonisation of copyright laws based on international standards set down by the international conventions, agreements and treaties, and the use of copyright works by libraries. Focuses on whether the library exceptions provided in the New Zealand Copyright Act 1994 and the changes proposed under the “Digital Review” of that Act would meet the three‐step test set out in Article 9(2) of the Berne Convention and looks at the arguments put forward by Sam Ricketson in his paper “The three‐step test, deemed quantities, libraries and closed exceptions”. The paper advocates that libraries should keep abreast of international copyright standards and domestic case law to ensure that their interpretation legislation maintains a balance between the “public interest” and the rights of copyright owners to earn a living from their works.
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