Comment Nonliteral similarity is the problem (Score 4, Insightful) 109
Bad patents prevent you from innovating on your own ideas - that, yes, have some basis in what came before (what doesn't?). Copyrights just prevent you from 'free as in beer' access to something that we all agree isn't ours.
"We all agree"? Not everyone agreed about the ruling in Gaye v. Thicke to apply exclusive rights to the overall feel of a musical composition. Not everyone agreed about the ruling in Bright Tunes Music v. Harrisongs Music to penalize someone for having copied a melody completely by accident. What steps should a songwriter take to keep from infringing (and remain a songwriter) in this sort of legal landscape? At least expiry keeps, say, the Shakespeare estate from claiming that the entire world is guilty or liable of "nonliteral similarity". It acts as one of the checks on "stupid cases".