This is probably the best rebuttal to this type of sensationalist garbage I've seen yet.|
Perhaps he's envisioning a scenario where a user spends five minutes googling, comes up with nothing, calls that a "good faith" search and forges ahead with an infringing use. That's not going to fly before the court; the user will have to detail how he conducted the search, and if the copyright owner can demonstrate that no, actually, it is quite easy to find the work's original owner, the "good faith" provision doesn't apply. And even if the "good faith" provision does apply, the Copyright Office recommends that the user should still have to compensate the owner for a reasonable amount.In addition, the "orphan works" provision is important for another reason - how many pieces of software, how many other works are currently unattended and in danger of vanishing entirely?
It's all there in writing, folks. This isn't that hard.