That regime is one where the copyright subsists in the work; somebody wants to make use, so the rights are still protected. You cannot locate the owner, but the rights still subsist.
A regime under the act is provided for so there's a request, an application that can be submitted to the board. Some reasonable searches have to be done, and then the board oversees that process. Currently, one of the requirements is that it has to be a published work or published sound recording. Lately, especially, we've been facing a lot of situations where it's really hard to assess, and a lot of requests are based.... We're not able to determine with certainty that the work has been published.