In an op-ed for the New York Times, Larry Lessig takes up the question of "orphan works" link here. He begins usefully, reminding us that copyright had to be applied for before 1978, rather than being automatic as ever since. His proposed solution is to provide automatic copyright for 14 years and then requiring registration to extend it. He opposes the current draft law which would put aspiring users of "orphan works" through a complicated and expensive process of trying to find the copyright owner. He also covers special provisions for foreign copyright holders and the transition from the old system to a new one.

He doesn't really address the issue of why it would not be better to go back to the old system and require registration. I suppose he reasons that it is unlikely to be enacted. But that doesn't mean it isn't the better way to go.