More on Orphan Works

Yesterday's LJ features a short piece on the forthcoming Orphan Works legislation.

I understand why libraries interested in digitizing and making available books are for it, and I understand the enthusiasm of big corporations interested in digitizing and using so-called "orphan" works to pad their lists without paying the creators. I'm not sure how this legislation enforces the constitutional protections of the rights of the creators to their works of science and art.