Looks like the subject has come around again.
http://petapixel.com/2015/07/21/orphan-works-copyright-law-being-considered-again-in-the-us/
The document is 234 pages & I haven't been able to wade through all of
it yet, but I understand that one objectionable feature is the proposed
new copyright law will eliminate the presumption "It's copyrighted when
you create it". It won't be copyrighted unless it's actually registered.
The Copyright Office will go out of the business of registering
copyrights & you'll have to register your work (including meta-data)
with two new commercial repositories/aggregators, paying whatever fees
they charge. "Register ... with two" means you have to register it twice.
This apparently includes previously copyrighted/registered works.
It again introduces limitations on damages for infringements where the
infringer has made a "good faith diligent search" ... whatever THAT
means ... to find the copyright owner and appears to place the burden on
the copyright owner to prove that the infringer did NOT act in good
faith or apply due diligence.
"Eligible nonprofit educational institutions, museums, libraries,
archives, or public broadcasters" would be exempt from paying damages if
they used the infringed work for "noncommercial educational, religious,
or charitable purposes."
The proposed law also drastically alters existing law with regard to
"derivative work".
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