> 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.
But if you watched his videos this isn't the case.
It's him walking through some public outdoor market in Sri Lanka and one of the vendors happens to have a radio on which is captured by his camera's microphone as he walks through while narrating what's going on. He didn't go out of his way to capture the audio separately and then overlay it afterwards. It's background noise that was recorded in the same audio stream he uses for his voice's microphone, which makes it pretty much impossible to cut out later short of muting all of the audio or making artificial cuts to remove the content.
In any case, it's a shitty situation for both the content creator and the viewer.
But if you watched his videos this isn't the case.
It's him walking through some public outdoor market in Sri Lanka and one of the vendors happens to have a radio on which is captured by his camera's microphone as he walks through while narrating what's going on. He didn't go out of his way to capture the audio separately and then overlay it afterwards. It's background noise that was recorded in the same audio stream he uses for his voice's microphone, which makes it pretty much impossible to cut out later short of muting all of the audio or making artificial cuts to remove the content.
In any case, it's a shitty situation for both the content creator and the viewer.