CREATe, the RCUK Centre for Copyright and New Business Models in the Creative Economy at the University of Glasgow, reports on the The Digitising the Edwin Morgan Scrapbooks project. The unpublished scrapbooks are full of orphan material - an opportunity to test the EU Orphan Works Directive 2012 and the UK Orphan Works Licensing Scheme (OWLS). The project authors "explore the necessary role that a risk-managed approach to copyright compliance will continue to play in this domain, regardless of the introduction of the orphan works regime."
Although focused on the UK and Euroepan legal framework, the project yields interesting conclusions for the US. An interesting experiment is "an interactive version of a sample from one of Morgan’s Scrapbooks.... Users can select individual cuttings to learn more about each item and the pages can be viewed through an innovative ‘risk filter.’ This feature clearly demonstrates how much more of the scrapbooks can be viewed when a robust attitude to risk is adopted."
Source: "Digitisation, Orphan Works & Copyright: New Resource for the GLAM sector," CREATe, April 25, 2017, http://www.create.ac.uk/blog/2017/04/25/morgan-resource/