"Up to death" would provide a perverse incentive for people to kill creators in order to liberate something from copyright.
TBF there's currently a massive perverse incentive in that we want to encourage creators to create, but then allow the successful ones to retire making money from past works.
The inheritors are in a better position to kill the author-- or just allow them to die from neglect-- and are incentivized to do so by postmortem profits.
Any benefit from the work being public domain is diffuse, it won't create a windfall for any particular party. The residuals on the other hand are quite concrete, particularly when an author's preferences are capping the market for their work or when the publicity of their death will create newfound popularity.
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Taking the death date into account is literally already how prevailing copyright law works. You can just make it conditional on publish date.