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 6 points 1 year ago (1 children)

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 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