Incorporation of Incidental Use into Copyright Limitations and Exceptions in China.

Film producers, sound recorders and artists sometimes capture copyright material in their new works as incidental use. The Chinese Copyright Law includes 12 situations in which users of the works do not need to obtain prior authorisation from the copyright owner and pay remunerations. Incidental capture of copyright material does not apparently fall within the 12 situations and, thus, can hardly be deemed as fair use of copyright works. To address incidental capture of copyright material for new creations, a couple of jurisdictions have incorporated incidental or de minimis use as an exception against copyright infringement in their legislations and judicial practice. This article will discuss the necessity of incorporating incidental use as a kind of copyright limitation and exception in China through a comparative study of legislations and judicial practice among various jurisdictions, and will suggest proposals for China's amendment of copyright limitations and exceptions by incorporating incidental use. [ABSTRACT FROM AUTHOR]