Interesting concept. Case-by-case basis means that in practice only the rich and corporations have access to their exceptions, analogous to US copyright "fair use", which is on a litigated, case by case basis.
replyIn Switzerland and probably most or all EU countries.
For example, in Spain, the schools need a signed form allowing each student's picture to be published.
replyThe issue of money gatekeeping legal rights is another issue entirely which should be addressed for everything, not just this specific problem. It's also, in my opinion, a lot more prevalent in the US than the rest of the first world countries.