Regarding mandatory licensing: Think of musicians who "cover" the songs of other bands and songwriters. They do not have to negotiate with the songwriter or the original publisher. They cover the songs they want to cover, and for the privilege of doing so they pay a mandated fee to ASCAP.
There are also associated mandated royalties.
Artists get to (re)create. Original authors get paid. The lawyers are out of the loop. Everyone is happy (except, of course, the lawyers).
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