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

  • Overzeetop@lemmy.world
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    1 year ago

    Would not the act of memorization an infringing copy? Copyright itself does not allow a provision where a non-ephemeral copy may be stored, regardless of the medium or duration. You would, of course, have the positive defense of fair use - if you were sued for your infringing copy, you could mount a defense that the storage falls under the fair use provisions, but you would still be required to defend yourself at your own expense. Would it make a difference if we, one day, developed a method of reading memories. Someone with a photographic memory could then be used to recreate the work from their copy - clearly a violation, and hence the storage is a violation (excepting backup/fairuse - which is still an infringement, but a special case of permitted infringement)

    • Rivalarrival@lemmy.today
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      1 year 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
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        1 year 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