A/HRC/28/57 97. National courts and administrative bodies should interpret national copyright rules consistently with human rights standards, including the right to science and culture. 98. Copyright laws should place no limitations upon the right to science and culture, unless the State can demonstrate that the limitation pursues a legitimate aim, is compatible with the nature of this right and is strictly necessary for the promotion of general welfare in a democratic society (art. 4 of the International Covenant on Economic, Social and Cultural Rights). Standards applicable to restrictions on freedom of expression must also be duly taken into consideration. In all cases, the least restrictive measure shall be adopted. Protection of the moral and material interests of authors 99. The right to protection of authorship is the right of the human author(s) whose creative vision gave expression to the work. Corporate right holders must not be presumed to speak for the interests of authors. Both professional and amateur creators must be empowered to have a voice and influence over copyright regime design. 100. Merely enacting copyright protection is insufficient to satisfy the human right to protection of authorship. States bear a human rights obligation to ensure that copyright regulations are designed to promote creators’ ability to earn a livelihood and to protect their scientific and creative freedom, the integrity of their work and their right to attribution. 101. Given the inequality of legal expertise and bargaining power between artists and their publishers and distributors, States should protect artists from exploitation in the context of copyright licensing and royalty collection. In many contexts, it will be most appropriate to do so through legal protections that may not be waived by contract. Enforceable rights of attribution and integrity, droit de suite, statutory licensing and reversion rights are recommended examples. 102. States should further develop and promote mechanisms for protecting the moral and material interests of creators without unnecessarily limiting public access to creative works, through exceptions and limitations and subsidy of openly licensed works. 103. Copyright law is but one element of protection of authorship. States are encouraged to consider policies on labour practices, social benefits, funding for education and the arts, and cultural tourism from the perspective of that right. Copyright limitations and exceptions and the “three-step test” 104. States have a positive obligation to provide for a robust and flexible system of copyright exceptions and limitations to honour their human rights obligations. The “three-step test” of international copyright law should be interpreted to encourage the establishment of such a system of exceptions and limitations. 105. States should consider that exceptions and limitations that promote creative freedom and cultural participation are consistent with the right to protection of authorship. Protection of authorship does not imply perfect authorial control over creative works. 106. States should enable allowance for uncompensated use of copyrighted works, in particular in contexts of income disparity, non-profit efforts, or undercapitalized artists, where a requirement of compensation might stifle efforts to create new works or reach new audiences. 20