What does incidental use of copyrighted material mean?

Incidental use of copyrighted material refers to the brief and often unintentional use of protected content without needing explicit permission from the copyright owner. This concept typically applies in contexts where the copyrighted material is not the primary focus of the work, such as using a short clip of a film in a documentary to illustrate a point, or including a small excerpt of a song in a review. This type of usage is commonly accepted as a limited exception under the broader umbrella of fair use, which allows for certain usages of copyrighted material without permission.

The emphasis on "brief use" is crucial, as it differentiates incidental use from more substantial uses of copyrighted materials, which would require permission. Furthermore, incidental use is not limited to educational settings; it applies to various contexts, like commentary, criticism, or news reporting, as long as the use remains minor and not commercial. This distinction helps reinforce the balance between protecting creators' rights and allowing for the free flow of information and expression.