Football Association Premier League Ltd v Panini UK Ltd [2004] FSR 1
Country:
United Kingdom
Defendant 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.
Claimant 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 Claimant’s work was included in Defendant’s work
if Claimant’s work was included to serve a commercial purpose, will not be ‘incidental’
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