Not quite true. Incidentals under Fair use are entirely dependant on the context of the created content (at least for the UK).
News/educational - likely okay as incidental.
Everything else is up to the courts to decide.
Under this example, I’d argue that this is not incidental usage. The audio could be considered integral to the “scene” that is being recorded. It gives the audience an idea of what place x looks, feels and sounds like. And this is certainly not news/educational content.
News/educational - likely okay as incidental.
Everything else is up to the courts to decide.
Under this example, I’d argue that this is not incidental usage. The audio could be considered integral to the “scene” that is being recorded. It gives the audience an idea of what place x looks, feels and sounds like. And this is certainly not news/educational content.