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The Report on Orphan Works is now available. It recommends ammending the US Copyright Act’s remedies section with the clauses

(1) prior to the commencement of the infringement, performed a good faith, reasonably diligent search to locate the owner of the infringed copyright and the infringer did not locate that owner, and
(2) throughout the course of the infringement, provided attribution to the author and copyright owner of the work, if possible and as appropriate under the circumstances

The recommended wording also defines reasonable limitiations on remedies.