This fact sheet discusses the permitted uses that fall outside fair dealing and the exceptions for particular institutions or users. For more information on those, take a look at the “ Exceptions to Copyright ”  and “ Fair Dealing ” fact sheets. The permitted uses here are a selection of the exceptions set out in Part 3 of the Copyright Act 1994 that are most relevant to artists and writers.

If a person “incidentally” copies a work by including it in an artistic work, sound recording, film, broadcast or cable programme then the copying does not constitute an infringement. To be incidental the copying cannot be deliberate.

For example, if a scene from a film shows a painting on a wall in the background, it is likely to be incidental copying. However, if the painting is a deliberate part of the set, then gaining permission from the copyright owner is advisable.

Likewise, incidental copying of a musical work, or words spoken or sung with music, may infringe copyright if the music is deliberately copied. For example, permission will be needed to include music on a film soundtrack, even if it is not an essential feature of the scene. However, permission may not be required if part of a song on the radio is accidentally captured in a live broadcast.

Permission is not needed for transient or incidental reproductions which are an integral and essential part of a technological communications process that do not infringe copyright, or that enable lawful use of the work. In these cases the “transient” reproduction must have no independent economic significance. For example, this transient copying exception applies when an internet browser or computer stores materials by “copying” it, in order for the technology to work smoothly.

If a person does a public reading of a “reasonable extract” from a copyrighted literary or dramatic work and acknowledges the author, it isn’t treated as a “performance in public” and is not a breach of copyright. Additionally, it’s not an infringement to record and communicate the reading publicly, if the recording doesn’t just mainly consist of the reading.

This means if a person reads a poem as part of a public event, and acknowledges the poet, the reading doesn’t constitute an infringement. Likewise, if someone records the reading and broadcasts it as part of a larger story, that won’t be an infringement either. Of course, if the recording is done as part of reporting on current events, then fair dealing exceptions may also apply!