I'd also argue that works eligible for copyright must submit a modifiable edition (eg: source code or a DRM-free copy) that is made available to archivists immediately and the general public once the copyright term expires.
The way the copyright is structured right now is the result of regulatory capture. The cost of these long terms of copyright is the loss of books, movies, music, games, etc. Millions upon millions of hours of creative labor have been lost. These costs are born by everybody that will never have to chance to have access to that media. The benefits of these long copyright terms are only the publishers. Having an annual renewal fee for copyrighted works published 30 or more years ago would be something that would be a visible cost in the books of large publishers. As it is it is too easy for them to ignore the downsides of long terms of copyright. I am not claiming that no media would be lost if we had no copyright, but the efforts of archivists are difficult enough as it is. Media that is no longer being copied is destroyed eventually. Obviously making it a felony to copy something will reduce the number of people making copies of it. That's the whole point after all.
https://en.wikipedia.org/wiki/Claw_(video_game)
I mean it's 2D platformer, you should be able to reverse engineer the engine and reuse the assets. I mean the have bit perfect decompiles of N64 games to C now. It's doable.
The ip itself should be 10 years after the last release before its pretty much a non-commercial free for all...with a more complex requirement for third party commercial products.