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Is it possible to create something where knowing about the thing constitutes copyright infringement?

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[-] Rivalarrival@lemmy.today 8 points 11 months ago

Would not the act of memorization an infringing copy?

No. The variant of the work recorded within your nervous system does not meet the legal definition of a "copy".

Even if it did, prosecuting such a violation would violate a whole mess of human and civil rights which supersede copyright provisions.

[-] overzeetop@lemmy.world 0 points 11 months ago

Oh, it definitely does. A copy does not need to be verbatim - derivative works, of which even an inaccurately memorized copy would certainly apply - to be infringing. Otherwise a re-encoded copy of a video - having been entirely changed through the encoding process - would be a new work. When I sing a song from memory, it's effectively reproducing the equivalent recorded copy from my brain. Of course, the performance is yet a new copy - and I can be sued if I were to change the lyrics or notes outside of the specific contract under which I perform (performance) or record (mechanical). Broadway show owners do this all the time (prohibit changes of words and characters, among other alterations) - and generally they win in court if challenged, shutting down shows and cancelling performance rights

this post was submitted on 17 Nov 2023
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