I think you don’t understand the difference between fundamental rights and regular old rights. A right does not have to be fundamental to be a right.

And, if copyright law were about encouraging creation, it would not restrict the use of other peoples’ work.

Would you do me a favour? Read back over this thread until you realise you just argued creation is “encouraged” by a category of law which only restricts the use of other peoples’ work, including modifying it to create derivative works, and has been used as a club against creation to boot. Consider, how does Nintendo kill Smash tourneys? How many YouTube videos have been wrongly DMCA’d?