As ASMP defines it, "...Orphan Works are works potentially subject to copyright infringement where the copyright owner cannot be located." For photographers, these often occur on websites that rarely credit the artist. Such works pose a threat to the creative community when a potential user wishes to obtain a license to a piece of work but no owner can be found. The problem with these comes from the recent developments in Congress and the Copyright office. After a proposed investigation, the Copyright Office has put forward a report and a suggestion to amend the Copyright Act to help deal with Orphan Works. To view the report and proposed legislation, go to www.copyright.gov/orphan. The amendment is on page 133.
The main challenge to photographers and visual artists stems from the fact that there is no viable way yet to search for images using image-recognition software (the best option that we know of to search for infringements of your own work is PicScout.com). The Copyright Office has no visual database (and apparently has no intention of creating one) and still relies on names, titles, and registration information. This process is virtually useless when one is trying to research an image of unknown origin.

Proponents of the amendment, backed by major software publishers, book publishers, and record publishers, and the likes of Microsoft and Google, argue that the suppression of such works will stifle creativity. Examples of the uses of such works could potentially be filmmakers looking to adapt long lost novels or museums trying to publish works within their own libraries.
Opponents, who have been working with the Copyright Office in public roundtable discussions and closed-door meetings, include such groups as the ASMP, PACA, and PPA. These groups argue that such legislation could spell out a "disaster of biblical proportions (ASMP)" for creatives' rights.

Information for this entry was taken from:
ASMP Bulletin, Spring 2006. "Orphan Works momentum continues to build" by Victor S. Perlman
Visit ASMP on the web.
Photo District News magazine, May 2006. "Photo Groups Alarmed by 'Orphan' Copyright Proposal'.
Visit Photo District News online.