[dragonwriter]

> Since when does the right of the owner shift to the consumer with respect to artistic creation?

It doesn't. However, this isn't about rights shifting from the owner of a copyright interests to someone else, its about power to exclude particular uses that the owner of a copyright interest never had (note that statutory fair use is largely a codification of pre-existing case law on fair use which was grounded in the First Amendment, and so generally addresses powers that not only the copyright owner never had under the law, but powers which Congress could not give the copyright holder, because doing so would violate an explicit Constitutional limitation on the powers of Congress.)