Creation needs to be a struggle. Taking someone else thing and modifying it is an easy path to create something. It also damages the original creation. Software and Art are NOT the same thing. Because software industry has chosen a different path should not mandate everything do the same.
Taking the collection of Marvel comic's characters and Tolkien's "Lord of the Rings" and creating a movie would also be cool, but it damages the original. It also by-passes the true meaning of greatness; Original. We as a society have in the last few decades valued bullshit Art over copyright and originality. Why? because it is easy and gives a short amount of pleasure.
Great things to not need marketing. Tolkien does not need marketing. He and his family (example) should be compensated forever. there should be no termination to it and his family should profit from it forever.
We should never take away the rights of the people who create things. If is their choice to give openness to them.