> Why is it one or the other?

Because that's how it works in reality. Once the copyright holders get their teeth in something, it gets paywalled. For instance, poor people don't have (free/legal/easy) access to lots of research papers/articles which were paid for with government grants. And copyright industry associations (MPAA, RIAA, CCC, AAP, ...) lobby to extend the laws so that creative works take lifetimes to enter the public domain.

You think you're arguing in favor of the little guy who made a series of blog posts or digital art? That's naive.

> My point is simply that in building the models they have to respect the current laws

So go enforce those laws. The rent seekers will thank you.