Commentary

81 Incidental inclusion defence

ADVERTISING AND MARKETING vol 1
| Commentary

81 Incidental inclusion defence

| Commentary

81 Incidental inclusion defence

There is no copyright infringement where the inclusion of a work into an artistic work, sound recording, film or broadcast is an ‘incidental inclusion’1. However, this defence has been interpreted very narrowly by the courts and, given the high level of planning and scrutiny involved in the creation of most advertising and marketing materials and the availability of post-production technology to remove or alter uncleared elements in an advertisement, it is submitted that the ‘incidental inclusion’ defence will typically be difficult for advertisers and their agencies to sustain2.

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial