Hal Varian takes up the problem of orphan copyrighted material and pushes the idea of registration link here. He criticizes the Copyright Office proposal to require diligent search as costly, while acknowledging it would be an improvement over what exists. He would supplement it with registration, supporting the proposal of Larry Lessig to make registration compulsory within fourteen years or lose the law's protection. Varian discusses relative costs and some other fine points, but ends with the sour note that even the Copyright Office proposal is languishing in Congress. Perhaps his highlighting the problem will move consideration along.

In asking what constitutes "diligent search," Hal Varian is asking the wrong question. Why should copyright holders be allowed to continue expropriating rents and ripping off producers of derivative and other works, as well as consumers?