This is exactly the kind of poorly informed fear that is being used to make the Orphan Works bill an unworkable conglomeration of burdensome requirements.

“Thus passage of the bill will not likely accomplish its stated purpose of freeing up the huge amount of cultural material for which there is no rights holder to be found and NO MARKET TO BE HARMED. ” (my emphasis)

There is a huge market that will be harmed if commercial harvesters make hay with the proposed Orphan Works legislation. Current content creators will be greatly harmed and burdened with needless registration and monitoring of databases, without effective recourse to protect their rightful copyright. Fair Use can easily be rewritten in protect the interests of universities and libraries. There is NO reason for commercial interests to be given access to profit from so-called “orphans”, whose creators are likely able to be found. Let commercial interests hire a designer or photographer to create their work, not “steal” it from small business people, which the current proposed legislation will allow.

As you say with “Fair Copyright”:

“This bill is an object lesson in the harm that can be done when legislators listen only to the demands of a narrow group of special interests and to their own parochial prerogatives instead of the broader need to serve the public interest.”

That is also true of the Orphan Works legislation. Only a select few were invited to the table to bargain over the “spoils”.

Please give time to the significant and legitimate opposition voices to Orphan Works. Together, libraries and universities and content creators can craft a fair and effective bill, and cut out commercial interests.

Please see:
http://ipaorphanworks.blogspot.com/