Many national intellectual property laws contain provisions that reflect cultural values and have trade significance. Although cultural value defenses have generally been rejected by GATT and WTO panels, they may be more likely to succeed in intellectual property disputes because many...

The compatibility of the U.S. fair use doctrine with international treaty norms has been questioned many times over the years by European and even American commentators. Does the fair use limitation on copyright’s exclusive rights comport with the “three-step test” that regulates the...