Incidental inclusion (‘passing shot’ use) meaning

In practice, this describes the unplanned, background capture of third‑party copyright material when creating an artistic work, sound recording, film or broadcast (for example, buildings or music audible during location filming). Under UK law (Copyright, Designs and Patents Act 1988, s.31) and Irish law (Copyright and Related Rights Act 2000, s.52), such incidental inclusion does not infringe copyright. Whether inclusion is “incidental” is fact‑sensitive. Indicators include: no intention to feature the work; fleeting or background use; lack of prominence; no material contribution to the value, message or appeal of the new work; and editorial focus lying elsewhere. Deliberate selection, framing, mixing or editing to showcase or benefit from the work will fall outside the exception. The exception is routinely relied on by broadcasters, filmmakers, news and documentary producers, and others shooting on location. For example, a film made on London’s South Bank will not, merely by capturing surrounding architecture or background music, infringe if those elements are genuinely incidental. “Incidental inclusion” is a statutory copyright exception; “passing shot” is a descriptive term used in practice. The approach is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.