Why aren't characters trademarked instead of copyrighted? I feel like it would make so much more sense. Disney can have Mickey Mouse for as long as it wants, but the company has little to no financial need to keep 100-year-old cartoons out of the public domain.
That's close to how I'd like to see it work. My system:
1. The copying right would have a shorter term. Maybe go back to 28 years with perhaps one renewal term.
2. The derivative work right would have a very long term.
3. Fair use would be expanded to explicitly recognize things sampling, parody, and the like. (Yes, I know this would be tricky to do well).
I think this strikes a good balance between making cultural works readily available and affordable, and saving us from seeing a poorly animated Calvin and Hobbes selling breakfast cereal to kids in TV ads.
