No, it’s more fundamental than fair use. Fair use is a defence to a copyright infringement. It’s an argument that, yes, I did violate the copyright of the creator, but my violation should be allowed.

The issue here is, what are creators allowed to own and control. It’s about the fundamental question of what copyright gives the creators control over.

Does creating a picture mean you own the right to its description? And you have the right to prevent anyone else from describing your picture?