Nevertheless, it is important to note that, although Article 9(2) of the Berne Convention
allows countries to create the exceptions in their domestic law as a tool to maintain this balance,
it also contains the 'three-step test' which provides the conditions to be met for copyright
exceptions under national copyright laws and imposes constraints on the provision of these
exceptions.6
In this vein, Article 9(2) requires that the exceptions to the right of reproduction in
the countries of the Union must: (1) be limited to certain special cases; (2) not conflict with a
normal exploitation of the work; and (3) not unreasonably prejudice the legitimate interests of
the author.7
National legislators must ensure that the exceptions under national copyright laws
comply with this test.