ABSTRACT
Chapter 7 exposes the use of the three-step test and of the balancing of interests and human rights, such as the freedom of expression, as strategies that courts have adopted in the past years to open up copyright legislation to find a solution to protect old works without hampering the creation of new ones. Building on the findings of Chapter 6, Chapter 7 frames these strategies as a way to escape the paradox by unfolding it on a higher normative level. The chapter concludes with a methodological critique.
