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The Berkeley Center for Law and Technology (BCLT) has done some interesting research on copyright, including a white paper that details the issues of performing "due diligence" in a determination of orphan works.
Recently I attended a small meeting co-sponsored by BCLT and the DPLA to begin a discussion of the issues around copyright in metadata, with a particular emphasis on bibliographic metadata. Much of the motivation for this is the uncertainty in the library and archival community about whether they can freely share their metadata. As long as this question remains un-answered, there are barriers to the free flow of data from and between cultural heritage institutions.
