Stef van Gompel has published "The Orphan Works Chimera and How to Defeat It: A View From the Atlantic" in a special issue of the Berkeley Technology Law Journal about orphan works.
Here's an excerpt:
This Article consists of three parts. Employing the metaphor of the Chimera, Part II systematically introduces the different ways in which the problem of orphan works manifests itself and describes the legal uncertainty that the different categories of users of orphan works experience. Next, Part III suggests addressing the orphan works problem by adopting a multifaceted approach that would provide adequate relief for the different categories of users of orphan works. Part IV concludes.