In my perfect world, copyright of fiction would not be like today’s copyright of music. Though you really can’t get past “human judgement” no matter how you write laws.
I’m not so sure “patent trolls” are all that different from publishers. They had to pay to,get the rights. So if the Hans Christian Anderson heirs sold their copyrights....that’s still them getting the value from the work Hans created...rather than Disney.
Those who want to be free of licensing fees need merely to write a new story. Those who want to take advantage of built in cultural awareness would have to compensate the rights holder for the privilege.
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