I think we are now in a position where a re-examination of copyright law needs to take place. If the current law cannot allow for orphan works to be used through some process (what we have now is a Catch-22), then these works aren’t benefiting anyone.
side note: I would worry about congress revisiting copyright law, too. I suspect that the major media corporations would make it their top priority to shift the law in their favor, which might do much more harm than good. (My own opinion…).