If the national legislators fail to ensure compliance with the test,then such an exception may be subject to a challenge from other countries in a WTO dispute settlement proceeding.this was the case in WTO panel decision,where an Lrish collecting society filed an objection to the European commission directed against the exceptions in section 110 (5) of the US copyright Act.after commencing a comprehensive investigation of the legal situation in the United states,the commission filed WTO dispute settlement proceeding against the united states for breach of the Berne convention and the TRIPS agreement on behalf of their member states.commission contended that two exceptions under section 110(5) of the US copyright act,which permit the playing of radio and television music in public places without the payment of a royalty fee under certain conditions,were inconsistent with US obligations under the berne convention and TRIPS.in the WTO dispute settlement proceeding,the panel examined whether the home-style exceptions in subparagraph (a) and the business exception subparagrph (b) of section 110(5) of the US copyright act satisfied the three-step test,it found that the home-style exception met the requirement of the test,but the the business exception,which allows the amplification of music broadcasts without an authorization and a payment of a royalty fee by food service and drinking establishments and by retail establishments,did not.therefore,the panel recommended that the united states bring its law into conformity with the three-step test.