Mark is wrong about many things, as you've pointed out, but that doesn't make the proposed orphan works legislation acceptable. Here is a more reasoned article from the American Society of Media Photographers: http://www.asmp.org/news/spec2008/orphan_update.php As the law is currently proposed, it significantly weakens copyright protection and creatives have good reason to be opposed.
Here's a good article
http://www.asmp.org/news/spec2008/orphan_update.php
As the law is currently proposed, it significantly weakens copyright protection and creatives have good reason to be opposed.