The U.S. Copyright Office posted a general inquiry on mass digitization and orphan works:

Please comment on potential orphan works solutions in the context of mass digitization.  How should mass digitization be defined, what are the goals and what, therefore, is an appropriate legal framework that is fair to authors and copyright owners as well as good faith users? What other possible solutions for mass digitization projects should be considered?

https://www.federalregister.gov/articles/2012/10/22/2012-25932/orphan-works-and-mass-digitization

Comments are due on February 4, 2013. 

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Stephen LaPorte
Legal Counsel
Wikimedia Foundation

For legal reasons, I may only serve as an attorney for the Wikimedia Foundation. This means I may not give legal advice to or serve as a lawyer for community members, volunteers, or staff members in their personal capacity.