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Copyright laws would be much less tangled if it simply recognized different tiers of protection. One level of protection for the vast financial empires such as Disney, Tolkien and Rowlings; another level for everyone else. Prior to 1978, copyright was for 28 years, with the option to renew for another 28 years. I suspect this a pretty good balance for anyone not named Disney.
It's the attempt to lock down the rights for the Disney empire (plus a handful of other artists) for eternity that has caused the real struggle. As has been pointed out by others, the real issue for most authors isn't copyright violations, it's obscurity.
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