Typically, a copyright will expire a long, long time after the author is dead - between 70 and 120 years in the US, I think (we've mainly got Disney to thank for that one...). So, unless the copyright holder implicitly states that the work is placed in the public domain, theres pretty much nothing you can do.
Copyright law sucks. It's certainly not adapted to the advancements in technology. And the copyright holders of old computer games generally do not seem to be interested in sharing the old games, even though they are clearly not available for purchase anywhere.