Earlier quoted context omitted.
If something has long-term public appeal, fantastic. Then the creators should be glad to have contributed something that lasted so long. But when you say "viable", I hear an implication of "commercial viability". I think that's a poor framework in which to understand copyright duration. The public domain isn't meant to be a dumping ground for forgotten properties. Rather, the public domain is a wellspring from which…
Fair enough, but commercial viability is the point of copyright. It's an exclusive distribution right of a creative work. We've carved out tons of exceptions for copyright for things like parody, educational purposes, etc., but at it's core it's a distribution right and nothing else. Instead of working in an existing property, it's better to create something new, even if you're inspired by the other thing. The entire…
I strongly disagree with this statement. The point of copyright is "to promote the progress of science and useful arts". The commercial viability is the means through which that point is achieved. If at any time copyright isn't functioning to promote the arts, and instead hinders, then it isn't fulfilling the point.
While I do agree that the tropes are the stronger part, part of the reason why shared characters are so powerful is because they can immediately stand in to represent the trope. If I am writing a Robin Hood story, I don't need to spend time explaining who Robin Hood is, I can just start telling the story. If I am writing a story about "What if Superman were evil?" (e.g. [0][1]), then I need to first spend time explaining who the character is, describing powers, and then drawing just enough parallels so that the audience knows who I'm talking about without drawing so many that I get sued. It's a really boring way to start a story.
[0] https://en.wikipedia.org/wiki/Irredeemable [1] https://en.wikipedia.org/wiki/Brightburn