Is the Fair Use Doctrine a Defense?

Three to four companies now own pretty much all the recordings that have ever been made. The problem is you could make that record with the samples and then go into a studio with a really good band and rerecord all of those parts lose the kind of scratchy infidelity, but you wouldn't be in trouble. So if all these IP laws exist for the, to promote creativity or whatever the constitution says, then the laws are not working if they stifle de la soul. You can't pre preemptively say, hey, sorry, BMG, this is fair use.