[Daithi]

The bottom line is that Congress needs to act.

One of the benefits of mass digitization was preservation of orphan works that are no longer in print and which the author gets $0. Unless Congress changes the rules these works will likely be lost to future generations.

Why don't we have a website where we can check the copyright status of a book?
As far as I am concerned the solution to this problem is simple. Congress should have the U.S. Copyright Office create a website where the public can check the status of a work's copyright. Give copyright holders 5 years to register their works into the website, and if they fail to register the book it reverts to the public domain. Every 20 years the copyright holder should have to refile to maintain his copyright, and once 5 years has passed without the copyright being refiled it passes into the public domain.

However, I won't hold my breath for Congress to enact a simple solution.