D made football stickers which were not authorised by the Premier League or any of its teams. Stickers contained photos of players in their team strips, with the club badges and emblems visible on them. C alleged this was infringement of copyright in the badges and emblems as artistic works. Held:
· Inclusion was not ‘incidental’ as per Section 30(2).
· Key factor is commercial reason why C’s work was included in D’s work
Ø if C’s work was included to serve a commercial purpose, will not be ‘incidental’