Incidental inclusion (Art. 5.3(i) InfoSoc)

This (optional) exception or limitation allows reproduction, communication to the public or making available to the public - by way of incidental inclusion of a work or other subject-matter (other than databases and software) in other materials.

This exception has been implemented in the following Member States:

• In Croatia in Article 203 of the Copyright and Related Rights Act
• In The Netherlands in Artikel 18a Auteurswet
• In Belgium in Article XI.190, 2° of the Code of Economic Law (CEL)
• In Poland in Article 29'' of the Copyright and Related Rights Act
• In Austria in Section 42e of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
• In Slovakia in Section 55 of the Copyright Act
• In Czech Republic in Section 38c of the Copyright Act
• In Finland in §25, para 2 of the Copyright Act
• In Sweden in Article 20a of the Act (1960:729) on copyright in literary and artistic works
• In Portugal in Article 75(2)(r) Código do Direito de Autor e dos Direitos Conexos
• In Slovenia in Article 52 of the Copyright and Related Rights Act
• In Ireland in Section 52 of the Copyright and Related Rights Act
• In Lithuania in Article 58(1), p.11 of the Law No VIII- 1185 on Copyright and Related Rights
• In Malta in Article 9(1)i of Chapter 415 of the Laws of Malta
• In Malta in Article 9(1)q of Chapter 415 of the Laws of Malta
• In Denmark in § 23(3) of the Copyright Act
• In Germany in Section 57 of the Act on Copyright and Related Rights (UrhG)