To add to an earlier post on the matter, Phantom Galleries posted news on the Orphan Works bill that has moved to Congress on April 24: Orphan Works Bill makes its way into Congress - ACT NOW to protect your ©!

The article explains the original purpose of the bill and lists the ways for artists to get heard by their representatives.

Here is more information on the history of this legislation:

IPA - Orphan Works Resource Page for Artists
Little Orphan Artworks, By Lawrence Lessig

More information about the bills and their up-to-date status:

The Orphan Works Act of 2008. Bill # H.R.5889
The Shawn Bentley Orphan Works Act of 2008. Bill # S.2913

News from other sources:

Update on 2008 Orphan Works legislation - April 24, 2008
The SAA Orphan Works Blog - has links to text of both versions of the bill
Statement of Marybeth Peters, The Register of Copyrights, before the Subcommittee on Courts, the Internet, and Intellectual Property, Committee on the Judiciary - March 13, 2008

According to current copyright law, artists have copyright over their work from the moment of it was created. Ina case of copyright infringement, the artist can show sketches and preliminary studies and prove that the work was indeed created by him or her. Only when the artwork is presumably under copyright but copyright owner can’t be found, it becomes an orphan work and goes into the public domain for anyone to use without restrictions.

With the Orphan Work bill, it all can change. According to the proposed legislation, an artist must register each artwork down to the last sketch with one of designated private registries or it automatically becomes an orphan. Most artists can’t afford to register copyright over all their works even with US Copyright Office, much less with some private institution that answers to no one and can rise their prices as they please. But even worse, the proposed legislation officially legalizes copyright theft.

Mark Simon has a good article about this disturbing legislation: Mind Your Business: You Will Lose All The Rights to Your Own Art. The fragment of a conversation between Brad Holland of the Illustrators’ Partnership and David O. Carson, general counsel of the Copyright Office, is especially disturbing.