So in general it is already as you say, corporations are much more targeted by these laws than individuals are. These laws mostly hinders corporations, us individuals are too small to be noticed by the system in most cases.
I've also seen indie games use copyrighted material with no issues, but AAA titles seem to avoid that like the plague. I can't really think of many examples where corporations are breaking these laws more than small individuals do.
They use copyrighted material or they commit copyright infringement? The former doesn't necessarily constitute the latter. Likewise, given it's an option legally, there are other factors that go into the decision to use it that likely make it less attractive to AAA games.