[Gormo]

> these people produce and create these forms of entertainment expressly for money

So? Disney produced "John Carter" expressly for money. Microsoft designed the Zune expressly for money. MySpace built their social networking platform expressly for money. Were their rights violated because these products were failures?

No one is guaranteed a positive return on their speculative ventures. People aren't entitled to be rewarded solely for effort, and they don't have the right to attempt to re-engineer other people's affairs in order to secure a higher payoff on their activities.