The Amiga IP was always under some form of active management following CBMs fall. First Escom AG in Germany, then Gateway, Amino developments and then finally Cloanto. AmigaOS was/is also under active development by Hyperion entertainment.
I've excluded quite a lot of twists and turns but the sum is that AmigaOS was always under active ownership and development.
While the Amiga was actively worked on nobody really cared about the 8-bit stuff. The Commodore name and trademark was not actually included in the IP package, it went to Tulip Computers in the Netherlands. From there it went on to Yeahronimo ventures and then into C= holdings.
The patents and copyrights were always in the big IP package passed around but since there was no real money in dead 8-bit stuff nobody actively enforced the rights on those ROMs. As such I think it would be hard for anybody today to start trying to enforce the IP rights on the 8-bit ROMs, they are so widely spread, distributed and used.
All the IP rights (except the Commodore name and trademark) is now owned and managed by Cloanto. You can buy legal copies of all the ROMs and software from them, they also seem very amenable to make deals with makers of retro computers etc.