G'day Bob,
Nooo, you miss my point. Intellectual Property DOESN'T go to the state, it becomes public domain when copyright expires. The reality is that aside from painting and sculpture type artworks (which are objects) I am aware of no IP that commonly becomes more valuable after the artists death - Note I said "commonly", there are some aberrations like Elvis and Michael Jackson, who in any case BOTH left substantial financial assets behind for their heirs.

The problem with IP staying out of the public domain for extended periods is, as I said, the difficulties that arise that can/will/do prevent people from building on prior art. We recently had a case here in Oz where "Men at Work" lost a copyright action for a short quote from a children's song "Kookaburra sits in an old gum tree". The original author; Marion Sinclair, died in 1988. She gets nothing from the court case. A business that acquired the IP rights does, so not even her heirs (if any) get a cent. All that results is the lawyers get a boatload of money, Larrikin Music (who acquired the copyright) get a boatload of money and "Men at work" have to pay royalties on an 11 note quote... (11 notes by my count - dunno what the court said it was). Neither the lawyers nor Larrikin did anything to earn the money. This is what I consider wrong. If Marion Sinclair was still alive, then I'd have no problem with it, she would be the beneficiary of something that she arguably earned and could leave the cash or assets acquired from the cash to her heirs. The rest are just parasites.

Technically speaking, every time you play a song, even in the confines of your own home, you owe a royalty payment. Think about that. Wanna sing Happy Birthday to your kid? Pay a royalty, which WON'T go to the author as she's dead.

What about a sax player who uses some of "Bird's" solos to practice - should pay a royalty to whoever hold's his IP these days ya know... Yes, I'm aware there are some small provisions allowable for education purposes but they are quite limited and easily circumvented if the copyright holder wants to spend enough money.

Where would any of us be if we could no longer play anything without paying a royalty every time we quote a riff?

I am a great supporter of copyright - for the original author/artist. IMHO NO ONE else has any call to claim benefits from someone else's IP. There has to be a limitation somewhere or we won't even be able to open our mouths soon.

/rant

--=-- My credo: If it's worth doing, it's worth overdoing - just ask my missus, she'll tell ya laugh --=--
You're only paranoid if you're wrong!