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People can sue for anything in the US. Doesn't mean their lawsuit has merrit.
You come up with your foundational principals. That someone will try to work the system doesn't change your foundational principals.
The foundational principal of copyright SHOULD be: the author who creates a unique work, owns the work....and all uses of the work. Forever...as long as the work remains economically active. Orphaned works fall into the public domain.
Someone who creates original work that builds on elements of public domain - only the original aspects can be copyrighted.
For fiction which has no element of scarcity - there is no time limit on ownership.
Now...build out the laws from these principles.
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