Banksy and MBW

I think one of the most frustrating arguments to date surrounding the Internet and new technology is the hyper sensitivity of copyright. Now don't get me wrong I agree to a certain extent that works should be copyrighted so that people can not profit off the blood, sweat and creative genius of others. But where do you draw the line??
Is using the hype generated by something to promote your own product a bad thing? If so then why hasn't programmes like 'The Vampire Diaries' been taken off the air for riding on the back of the 'Twilight' saga? Am I missing a link? Do they pay Twilight royalties? and then does 'Twilight' pay 'Count Dracula'? Not only does this bother me, but where is the line drawn between folktale and Disney? I mean its not like Walt Disney came up with the Cinderella story. They just have conceptualized the story and spread it to every corner of the world in such a way you kind of can't imagine her without her blonde hair up in a bun and blue dress. Is this our fault if we then draw on this image when retelling this Grim brothers tale? If you saturate the world with your message you kind of have to expect someone to draw from it.
It is more easy than ever to copy someones work, and sure I don't think that it is fair that people make money from the act of copying someone else... But sometimes you have to realise this is going to happen and you might as well appreciate that side of humanity. I mean we are creatures of Fashion.
This brings me to the title of this Post, 'Banksy and Mr BrainWash. For those of you who have not heard this hilarious tale, it is the basis of a film I highly recommend to anyone. 'Exit Through the Gift Shop' (2010)
This film is a massive ironic critique on the acceptance of street art (which started as a counter culture) into popular/art culture. Banksy does this through the fictional character of Mr Brain Wash. Well actually we don't really know if hes fictional or not. He is set up to be real in the film, but there are plenty of skeptics out there. But regardless people are paying up to 200,000 USD for his works, which are basically ripped off Banksy paintings. The film follows this over the top French man as he firstly learns about, and then becomes a 'street artist' by copying ideas, techniques and even subject matter from all the people he knows. Instead of working his way through the unpopular stages of his creativity which all the other graffiti artists we are introduced to do, he simply copies other work. I like to think of this as a little running commentary of today's society. We all copy rip and burn each others things. the best of us make manage to create a new spin on an old story, while others are content with enjoying someone else's creative labour. Banksy seems to realise that you can't really separate the good from the bad, perhaps we should all take a page out of his book.... If we are too strict about copyright laws then we leave no space for people to build on old ideas.