Texas Rep Lamar Smith has introduced a bill to clear the way for the re-use of "orphan works" whose authors are unknown or unlocatable. This wasn't a big problem until 1976, when the US changed its rules and did away with copyright registration, so that everyone who created anything got an automatic lifetime-plus-decades copyright on it, from the lowliest napkin doodle to the most trivial Usenet post. This created the present situation where, according to the Supreme Court in Eldred v Ashcroft, 98 percent of the works in copyright are orphan works, and liable to disappear long before their copyrights expire.
The bill looks like a pretty good compromise, but the devil is in the details -- it requires petitioners to undertake "best practice" searches for missing copyright holders, but leaves those best practices up to the Copyright Office. Depending on the procedure established, this could either be the savior of American cultural history, or its downfall.
