“Discoverability” is a key component of any such system, which requires not only that works must have unambiguous identifiers, but that the identifiers point unambiguously to the authors of the works rather than to publishers. Any such system must also recognize that the author is the best, and in many cases only, source of information about the ownership of rights. More and more books are self-published; publishing companies aren’t involved at all, and any system that relies on them will be incomplete. A publisher-centric system will also assign rights incorrectly, especially considering that publishers have begun to claim ebook rights for works even though the contracts for those works do not mention them.
SFWA has been interested in developing a way to find authors for a long time. The failed Google Books Settlement and subsequent developments call into question what an orphan work is. If a defining characteristic is that the author can’t be found, clearly, then, a system that facilitates finding authors is necessary before works can definitively be declared orphans.
SFWA has made recommendations concerning orphan works to the Copyright Office several times now, focusing on the creation of a national Author Information Directory (AID), a database that would function as the source of unambiguous identifiers for authors as well as provide contact information for negotiations about licensing rights. SFWA feels that creating this database should be left to government rather than for-profit entities, and that a database that allows direct updates from the authors themselves would be well within the Copyright Office's capabilities.