Since the presumption by copyrights-holders is that each instance of piracy is a foregone retail sale, what would the monetary damages calculations look like fo

Since the presumption by copyrights-holders is that each instance of piracy is a foregone retail sale, what would the monetary damages calculations look like for works that are never made available for sale? Would anyone feel guilty for violating copyright on a work the rights-holder refuses to license? As Hollywood films, AAA video games, television shows, and such are huge undertakings, with possibly hundreds of constructive participants, along with their administrators and coordinators, I wonder why major studios, distributors, and labels have not lobbied for a new category of protected work, such that one or a handful of individuals can't scuttle the whole project or any significant portion of it. It really doesn't promote the creation of new works if any collaboration means that the other people involved in it could make it a waste of your time after the fact.