The proposed system exists, and humans have had to work in it for some time now. People get routinely sued for copyright infringement if their work is too close

The proposed system exists, and humans have had to work in it for some time now. People get routinely sued for copyright infringement if their work is too close to an existing work. The (successful) suit against George Harrison for "My Sweet Lord" is a good example of infringement via influence with no clear malicious intent.