"orphaned-ness" is not a permanent state. As soon as the original creator comes forward, the work is no longer an orphan. It's not like setting something on fire, or eating it -- it can be undone.

-Actually it can't be undone, even though the original creator does come forward after his work has been published he's is not in the same position to negotiate the rights of his work.


Orphaned works requiring copyright notices? They are supposedly 'orphaned' because they don't have a copyright notice. Not attaching copyright notices to any work would only propagate "orphaned-ness". In general copyright offices do recommend copyright notice, read 'Notice of Copyright' and 'Form of Notice for Visually Perceptible Copies' you can find this on US Copyright Office website at http://www.copyright.gov/circs/circ1.html
If you look at virtually any media the '© 2006 John Doe' is everywhere, it's not mandatory, but it's there for a reason.
And no, it does not conflict or violate Berne Convention. I'm not sure on what planet you're on.. lol

"currently there is no bill" But after all we are having this discussion because this bill could become a law this year..