In 2007,a federal appellate court rejected a request by librarians and archivists to allow copying of "orphan works" whose copyright owners cannot be located earlier than it would be permitted by the Copyright Term Extension Act.The case:

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Kahle v. Gonzales was a case in which librarians and archivists asked for permission to copy "orphan works," which are copyrighted materials for which the owner cannot be located, earlier than is currently allowed by the Copyright Term Extension Act. In 2007, a federal appellate court rejected their request. This case directly pertains to the issue mentioned in the question.

In 2007,a Federal Appellate Court Rejected a Request by Librarians