How about the fact that it places burden of proof on creator? The company makes a fair and reasonable attempt to contact an artist, the artist reemerges after the fact. He sues the company for using such and such. Why should he be in that position in the first place? Even if orphan-ness is not permanent, its just shitty.

You're saying the artist should always be contact-able and available. I'm one of those people who just disappears for long spans of time. Its just a shitty, inconsiderate hassle to come back to. Think of it from other's perspectives.