If fake data is hidden amongst real data, wouldn't there also be the argument that the copier was unaware that they were copying a creative work rather than pure facts?

A damaged Berserker captures an atlas showing an occupied system nearby, and heads there with its last reserves of power to destroy the system.

The human who didn't stop the Berserker is charged with a crime against sentience, but is acquitted when he reveals the secret: The occupied system was a fake, in the tradition of cartographers going back to the Middle Ages on Sol.

I guess at some point it’d end up looking like a ReCaptcha and there’s enough of those already ...