Earlier quoted context omitted.
I believe the bargain is correct or swayed to the user because people want it for free. the creator should have the sole right to set the terms of use and transfer the terms. It is his property.
Creators can demand whatever terms they want - and they do , as anyone who's read an EULA knows. But creators shouldn't have unrestricted ability to use the public courts to enforce terms that the general public has no interest in aiding the enforcement of.
If they want to be immortalized as a contributor to the common culture, they will have to relinquish control sooner or later.
Otherwise, your creation loses relevance and fades away. Extant copies deteriorate. Collectors lose interest. Your work moves from the paragraph body to the footnotes. Artwork requires a continuous investment of creative energy, otherwise it is replaced by the work of other artists. Museums keep works on display, and encourage patrons to enjoy them as frequently as they are able. Corporations produce series sequels and souvenir merchandise. Artists cross-license their work to creators that work in different media, such as book authors optioning movie rights to film studios.
Works in the public domain get remixed into more contemporary works. Characters like Captain Nemo, Dorothy Gale, and Alice (in Wonderland) will never die because anyone who cares to do so can refresh and update their image in the zeitgeist.
Take the Norse deity Thor. Would the typical person outside of the Germanic and Scandinavian countries know anything about him if he were not included in non-original stories and artworks, like jewelry, altar carvings, and the eddas? Would anyone care if Marvel did not adopt him into its comic pantheon? Will he enjoy being a woman as much as his adopted brother?
The common culture evolves continuously. The laws are in place to encourage participation by folks who would not otherwise be able to expend the effort without compensation. They are not there to wall everything off and put locked gates everywhere. At some point, we need to be able to remember our childhood without paying someone a licensing fee.