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?