Orphaned works really are a problem for some legitimate uses. The problems happen because we've extended copyright to the point where the distant past is locked up with liability. Having said that, it doesn't seem like anyone can come up with a solution that doesn't screw everyone working today. More thoughts on that and metadata here: http://www.photo-mark.com/notes/2012/dec/03/stop-stripping-metadata/
I think that it's really quite simple: if one cannot find the author of a work after a reasonabale search, then that work should remain unuseable. There can be many reasons why the work may not be traceable, including even that it's the originator's intent
to remain invisible. That does not mean that it should therefore be open to pirate use.
There are plenty of alternative sources for information in life; because someone stumbles upon something that might suit his purpose doesn't give him any moral or automatic right to use that something. It's just too bad if an advertising agency would like to use a photograph, poem, painting or anything else to illustrate a product or theme but can't discover the author. Just because there's big money riding on it doesn't confer any right of usage: they can just damned well go use their brains and come up with an alternative of their own. Now that
would benefit the creative community.
There's already so much information freely available on every subject that attempting to add even more (especially without paying for it) is absolutely objectionable and totally unnecessary. There is no right to grab everything unless someone is there (or even able) to protect their property. It's morally (and should be seen legally) like walking down the street, seeing a door with no name and then deciding hey, it's an orphan! let's go in and take what we like!