Old Bit Torrent file legality question?

I know that most downloads from Bit Torrent are illegal, so I never download anything, but what about music that can't be bought in stores because it's old? I like CAD, a band from 1986, that only released 100 or so cettes. The cettes cannot be found in stores, iTunes, or ebay, but are they still technically illegal to download? I suppose someone somewhere owns the rights to them, but they aren't losing any money so is it illegal?