How about a bit of text near your content warning me that I'm not allowed to use your stuff regardless of my intentions be it a free fan app that will actually spread your content further or whatever.

That would be helpful and remove all the confusion.

Edit: We don't all live in the US so don't assume your laws apply to everyone lawyer-san. Even if something equivalent did exist in every other country it still doesn't make it sane. We all know copyright is broken in many ways. The default should be open like it originally used to be.