Copyright: Incidental Inclusion" Exception Case Note Updated and Transposed

To ease myself into the idea of earning my living again after a super weekend in Edinburgh, I have updated and transposed a case cote on Football Association Premier League Ltd and others v Panini UK Ltd [2003] EWCA Civ 995 which I wrote when the case was first reported.

The significance of the case is that it considers the meaning of the words “incidental inclusion” in s.31 (1) of the Copyright Designs and Patents Act 1988. The section provides:

“Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film or broadcast.”


It is of obvious importance to podcasters, webmasters, broadcasters, publishers and just about everybody else using electronic media. The issue in this case was whether a picture of famous footballers in their games kit which necessarily included their club crests or logos infringed the artistic copyright and indeed other IPR such as trade marks in those insignia. In the note, I suggested parallels between the concept of incidental inclusion and substantiality.

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About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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