The legal question will be answered by the courts.
You have to answer the moral question for yourself, and convince others of your position using rational arguments. The argument that it feels right to you and your peers isn't very strong, an argument derived from first principles or maybe utilitarian or consequentialist perspectives would me more convincing.
One of the first principle that I hold is that the products of an individuals labor should belong to the individual and she should have control over it, regardless if it is a wooden spoon or a work of art.
> One of the first principle that I hold is that the products of an individuals labor should belong to the individual and she should have control over it, regardless if it is a wooden spoon or a work of art.
In common law countries like the US, UK, Australia, and Canada, this has not historically been a principle of our societies, and has never been a part of our legal systems. Copyright is a purely statutory concept that does not relate to any moral law. That's one reason why, in the US, we have fair use exceptions for criticism, education, news reporting, and research.
Strangely, although civil law countries often declare a moral right of the individual to control the fruits of their labor, the law stomps all over that moral right with many exceptions to copyright:
http://www.iuscomp.org/gla/statutes/UrhG.htm#I6
> The legal question will be answered by the courts.
This is not a legal question of interpreting an existing law. The law itself should be rewritten in a way that makes the biggest possible number of people OK with it.
> One of the first principle that I hold is
I dont. Now what? We're back to deciding whose first principles should count. The only way to get a set of generally acceptable first principles is to vote on them. Again, you cant circumvent democracy.
Who is then gonna decide what behavior is OK and whats not OK? Who is gonna decide if filesharing is OK or not OK?