This is what caused the problem in the first place. If people had unrestricted access to content then the world would be a better place. And works wouldn't be so rare that it's worth AI companies buying and destroying them to gain some edge, as well as remain in legal compliance.
A targeted modification to the laws could produce most of the benefits for a minor cost.
Like if a game isn't available for sale anywhere in my region, I can get it without breaking any laws. A book is out of print and I can't pay money for it digitally -> free game.
(Why "fair market value?": So that skeezy publishers don't have an online shop with one physical copy of every book they own for $1Trillion just to fulfill the law)
https://www.libraryjournal.com/story/internet-archive-loses-...