Because it's a societal level adjustment to an existing market distortion -- ie, adjusting the market incentives to work better with existing laws and regulatio

Because it's a societal level adjustment to an existing market distortion -- ie, adjusting the market incentives to work better with existing laws and regulations. Society's interest in the market for arts isn't to just make money, and adjusting the pay structure as part of balancing competing interests (in this case, mandatory free use) is reasonable. Even people who aren't directly interested in a particular work have an interest in the overarching production of arts.