> A human being doesn't violate copyright in learning from a copyrighted work, including when that human being is later more able to produce other works based on that learning
Not really.
A human being learns by doing, it takes a lot of time, their knowledge is not transferable, and, above all, they buy the material they learn from (most of the time)
It's not fair use, it's "I paid for the entire opera" , sometimes multiple times: different editions, movies, tv shows, etc.
Secondly, it's not true that derivative material is automatically copyright free.
It is in all honesty the contrary, most derivative work that reached popularity is plagued with plagiarism, lack of attribution, undisclosed ghost authors etc. all things that get settled with a contract or in court if the publisher thinks it's worth it.
Otherwise the publication simply disappears.
In other cases the work is licensed, so that the publisher can use someone else's IP and literally resell other people's ideas and/or change them the way they like (or the license permits), without having to create new material and take the risk that nobody will notice it.
Not really.
A human being learns by doing, it takes a lot of time, their knowledge is not transferable, and, above all, they buy the material they learn from (most of the time) It's not fair use, it's "I paid for the entire opera" , sometimes multiple times: different editions, movies, tv shows, etc.
Secondly, it's not true that derivative material is automatically copyright free.
It is in all honesty the contrary, most derivative work that reached popularity is plagued with plagiarism, lack of attribution, undisclosed ghost authors etc. all things that get settled with a contract or in court if the publisher thinks it's worth it.
Otherwise the publication simply disappears.
In other cases the work is licensed, so that the publisher can use someone else's IP and literally resell other people's ideas and/or change them the way they like (or the license permits), without having to create new material and take the risk that nobody will notice it.
Case in point (among too many)
https://en.m.wikipedia.org/wiki/Legal_disputes_over_the_Harr...