I think we're forgetting something here. Most artists I know (and I am one) make a living through our art. That means we need to get PAID. That means that the people who buy our art need to get PAID.
Google has taken the position, and is even funding political candidates in Europe, who propose eliminating copyright entirely. Why? So Google (and others) can make money off of the legitimate work of others who would share in none of those revenues.
I'm sorry that poems and short stories published in literary magazines aren't getting excerpted. Perhaps those authors would think twice next time about selling (yes, selling) their material to these same publishers.
Techdirt has not posted any stories submitted by marfa.