If sampling to create new art were better protected, then cases like this wouldn't even come up. The documentary "Good Copy Bad Copy" was talking about this 12 years ago
Yeah I think we're long overdue to reevaluate what copyright means in music. I think it should be much closer to how we treat fashion where anything but a direct rip off is 100% fair game (and that is even more about trademarks because the actual design can't be copyrighted).