rob_t_firefly, 10 months ago (edited 9 months ago)

If you restrict reuse of the characters in new work, the original would not be in the public domain. Something is either one’s property or it isn’t, and something in the public domain is everyone’s property. You can’t have the original as part of the collective repository of freely-available information and culture while still trying to make bits of it (such as its characters) not part of that.

The public domain period is when the law has agreed that the original authors no longer have exclusive rights to the material they put into the world. Trying to still, after that period has elapsed, declare the characters are still that author’s property but only if they turn up in other people’s work is a truly bizarre suggestion and I fail to see what would be gained by society in that scenario.