I agree with your view. One just has to go into courts and somehow get the judges to agree as well.
An open question would be if there is some degree of "loss" where copyright no longer applies. There is probably case law about this in different jurisdictions w.r.t. image previews or something.
I don't think copyright should be binary or should work the way it does not. It's just the only tool we have now.
There should be a system which protects all work (intellectual and physical) and makes sure the people doing it get rewarded according to the amount of work and skill level. This is a radical idea and not fully compatible with capitalism as implemented today. I have a lot on my to-read list and I don't think I am the first to come up with this but I haven't found anyone else describing it, yet.
And maybe it's broken by some degenerate case and goes tits up like communism always did. But AFAICT, it's a third option somewhere in between, taking the good parts of each.
For now, I just wanna find ways to stop people already much richer than me from profiting from my work without any kind of compensation for me. I want inequality to stop worsening but OTOH, in the past, large social change usually happened when things got so bad people rejected the status quo and went to the streets, whether with empty hands or not. And that feels like where we're headed and I don't know whether I should be exited or worried.