That sounds more like an implementation/enforcement problem than of the concept of IP. If [ 1) disputes were decided on the merits and 2) costs of di

That sounds more like an implementation/enforcement problem than of the concept of IP. If [ 1) disputes were decided on the merits and 2) costs of dispute resolution were 2.a) deferred until decision-time, 2.b) born by the decided-against party, and 2.c) made the decided-for party whole and then some ], I bet either A) an industry would spring up to identify wronged creators and fund defenses of their IP, or B) industry would just pay to license the copyrighted work.