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That's the reason behind the old "file for copyright". Nobody had to worry about Aunt Gertie's family photos, anybody in the family could have them. If Aunt Gertie thought they were of value, she could copyright them. If not, why should her descendants be profiting off of them? Or fighting over ownership? (everybody get a copy.)
That's the problem with all the orphan works today. It's that free lottery ticket mentality. When you pay to play, so to speak, you pay attention to what you have. You describe things in wills, ect.
Otherwise, it's the squatter's rights mentality. It makes a mess of land ownership, why should we not be suprised it makes a mess of copyright.
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