That sounds more like an implementation/enforcement problem than of the concept of IP.

If [

    1) disputes were decided on the merits and

    2) costs of dispute resolution were

        2.a) deferred until decision-time,

        2.b) born by the decided-against party, and

        2.c) made the decided-for party whole and then some

], I bet either

A) an industry would spring up to identify wronged creators and fund defenses of their IP, or

B) industry would just pay to license the copyrighted work.