Your proposal makes complete sense and would allow artists the creative freedom to use samples in unusual and novel ways that the original artist might never have envisioned – or agreed to.

I’m a big fan of the KLF (Kopyright Liberation Front) and when the artist says “no”, I’m always reminded of this funny, surreal story about the KLF physically destroying their music: http://klf.de/home/the-abba-incident/