Ray Saintonge wrote:
As an example consider an orphan work last published in the United States more than seventy years ago. It would at first glance appear to qualify for the shorter libraries and archives rule for republication. When it appears at wikisource there is a discussion that results in the material being removed as a copyright violation. The actual rights owner or his legal agents have never been a part of the conversation.
And how are you determining that a work is orphaned? What JuJU do you have to declare that a work is free to use commercially?