The concern I've seen mentioned most is secondary copying. Say I post a photo on DeviantArt and someone else swipes it, or uses it without permission and forgets where they got it (a pretty common occurrence). By doing that they may break the link that would make a good faith search successful. The worry there is that orphan works might give use of the unlinked copy a certain amount of legitimacy and prevent collection of damages. Not that this is really how it would work, but that's the scenario I've seen given.
Of course the real solution is NOT orphan works, but a drasticly reduced copyright term. Now that communication makes it easier to monetize on a copyright the terms should be shorter not longer than originally written.
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The flaw
Date: 2008-04-16 02:55 pm (UTC)Of course the real solution is NOT orphan works, but a drasticly reduced copyright term. Now that communication makes it easier to monetize on a copyright the terms should be shorter not longer than originally written.