OK, but then you're saying that people are allowed to make good artistic works, but not to profit from them. So the creative types involved with Tolkien's works get nothing, but the non-creative Tolkien estate make money. This is hardly inspiring stuff :-(

Besides, we're really only talking about length of the restriction. I'm saying things should be opened up fairly quickly; you seem to be saying they should be, but, er, not yet, maybe later. Although to be honest the thrust of your arguments seems to be more that control should always stay with the original creator or the people he designates as trustees: any termination of the copyright at any point could be viewed as deleterious.