For a detailed review check out the Statement of Marybeth Peters before the Subcommittee on Courts, the Internet and IP. The recommendation:
"we recommended a framework whereby a legitimate orphan works owner who resurfaces may bring an action for “reasonable compensation” against a qualifying user. A user does not qualify for the benefits of orphan works legislation unless he first conducts a good faith, reasonably diligent (but unsuccessful) search for the copyright owner"In Canada, we call them unlocatable copyright owners, an overview of Canadian treatment is on The Copyright Board of Canada's page.
