Artists get into trouble all the time for producing works very close to something that already exist. That's like the number one reason artists get shunned in the communities they were in.
Unless you're arguing that every single artist across every field of artistic expression is constantly being jeopardized by claims of copyright infringement, this is a nonsensical point to make.
I would seriously question if this happens all the time, these days. The whole copyright thing is way behind the digital and internet revolution. Look at what the Prince case did for transformation copyright fair use.
Every author reads books
Every painter view paintings
Unless you're arguing that every single artist across every field of artistic expression is constantly being jeopardized by claims of copyright infringement, this is a nonsensical point to make.