États-Unis d'Amérique
Droit d'auteur et droits connexes
7. Please explain the meaning and application of the “incidental copying” exception in Sections 41 and 175.
Incidental copying, whether accidental or intentional, of a copyright work is provided for so long as the focus of the work containing the copied item is not that of the included item. It should be noted, however, that the deliberate copying of certain works is specifically excluded. The intention, therefore, is not to unreasonably prejudice the legitimate interests of the author (Berne Article 9(2)). By way of an example, the reporting of a news event, which included a television broadcast present in the background, and therefore incidental to the broadcast, would not infringe copyright in the broadcast which was accidentally shown.