I think we are now in a position where a re-examination of copyright law needs to take place. If the current law cannot allow for orphan works to be used through some process (what we have now is a Catch-22), then these works aren’t benefiting anyone.
Here is a news article on the topic; here is the court opinion (pdf).
side note: I would worry about congress revisiting copyright law, too. I suspect that the major media corporations would make it their top priority to shift the law in their favor, which might do much more harm than good. (My own opinion…).
from ResourceShelf