this post was submitted on 17 Nov 2023
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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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.
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