It's fairly correct regarding copyright, where the default is essentially that the creator owns the material and then every fair use is carved out as an exception to that default assumption.
This makes fair use an affirmative defense, which is default risky because the process starts with somebody accusing you of wrongdoing (potentially criminal wrongdoing).
This makes fair use an affirmative defense, which is default risky because the process starts with somebody accusing you of wrongdoing (potentially criminal wrongdoing).