The justifications for permitting anyone to use just about anything, regardless of copyright protection, are a stretch. They are merely a cover for people who want to do whatever they want with other people's property. If we substituted a copyright owner's "car" (yes. the Porsche) for his "poem," it would be obvious to most that these arguments are total bs.
If the rights to use a copyrighted property are too costly, don't use it. Let the market determine the value.