So what if you have the original disks? Are you allowed to transfer the content of the floppy to the hard drive and make an archive? Where are the Amiga owners who grew up to become lawyers?
Some years ago I wrote to one of the creators of 'Take 'Em Out' in Sweden. He has very excited to hear that in this age that his game was still was being played. He did not have the authority to freely release the game.
I think that is probably the problem in most cases. The person responsible for creating the art in the first isn't actually the copyright holder, some faceless corporation is.
Copyright shouldn't be transferable IMO.