1. There are an infinite number of careers that do not currently exist, because their business models do not make sense. I do not think it's a great idea to keep laws on the books, that limit the creativity and rights of hundreds of millions of people, just to keep a few professions afloat.

2. You greatly underestimate the creativity of a capitalistic market. For example, on the web, it's generally difficult and frowned upon to copyright designs. Some patent trolls do it, but most don't. If you make an innovative design for your website, you're bound to be copied. And yet many programmers and tech companies still have viable business models. They simply don't base their entire business model around doing easily-copyable things.

How does copyright limit creativity? If you want to write a new story about a boy wizard going to school, no one can legally stop you. If you want to make a new Mario-inspired platformer, no one can legally stop you.

But if you want to make money and do it from riding the brand name association of Harry Potter or Mario, they can.