Ryan,
Without dragging this out into more than what it already has, I would suggest one or both of the following two manners in which to pursue this.
1. Go back and do an in-depth study and analysis of Sections 102, 103, 106, and Sections 107 through 122 of this Code.
In addition, investigate Sections 610 and the referenced sub-sections of that, along with the aforementioned Glossary of terms.
Without an in-depth study and knowledge of the terminology used and a thorough legal understanding of how Federal Law pertains to Copyright, Infringement, Theft, and Computer Crime and its cross references and relevancy to appropriate State Statues, this thread could go on and on.
In addition, there have been numerous updates to the laws since the 2006 referenced version you initially brought up.
It is not sensible or prudent to point out only the base points and terminology of any given Section or Statue, whether State or Federal. Thus the above suggestion is a much more prudent approach.
The Orphan Works submission is partially relevant to this, as my limited understanding goes, but I can not speak intelligently about this as I have not studied it in depth.
As you can see, we are speaking on terms of a 30 year old law that has had many revisions, a 2006 quote, and another proposed bill 2 years later to further amend this on top of the computer / cyber crimes laws relevant to this issue that have since been enacted, passed, and put into law.
In addition, each state that may have laws pertaining to this type crime(s) has it own set of guidelines that are based primarily upon the Federal Statue, but not inclusively and wholly, as they are given certain leeway to enact and enforce such.
2. As the second suggestion, contact a current practicing attorney that has experience in the state of your interest along with the experience in Federal practice as well as State experience in this field. I would suggest an attorney referral organization or someone you can trust that will recommend someone thoroughly knowledgeable in this field of practice.
I am not trying to pass on this, but as I said, this could go on and on, as this is a specialized field of practice and takes substantial time and involvement researching each state involved and as it relates to the Federal level. You obviously have the basic knowledge of web searching to find the relevant laws, so you should be able to get more in-depth information should you so desire to research this yourself.
If you follow the above guidelines, this should help you find the basic information you are seeking and give you some of the understanding of the terminology used.
Be sure to research the time spans of the alleged offenses, the "copyrights" violations alleged, and the requirements mandated and necessary to meet the legal definition of each type of Copyright, Theft, Infringement, Computer Crime, Authorship, and Tangible Medium of Expression involved.
Also look at the aggressor's role as it pertains to Misunderstanding (usually never allowed), Time Spans, Misrepresentations, False Ownership Claims, Over Copyrighting, (placing their own copyright in place of the legitimate one), and the willful, malicious, and intentional acts of removing or cropping someone's copyright and / or watermarks from their images or protected property. These acts are the ones that are given great weight in the courts as to Criminal charges being filed and much higher Civil dollar amount judgments. (I think a minimum of $3000.00 per photo violation up to $300,000 per each and every photo violation. I may be off a small amount on the low end, but the upper end is the pocketbook breaker.) Usually the higher amounts are rewarded for repeat offenders or numerous violations of theft / infringement in the same case. ie; A video compilation or a website showing multiple stolen images.
I hope this helps you some in your endeavor to decipher some of this.
EDIT: Addendum.
Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State. (Disallows someone from claiming state rights to property that belongs to another when approached with a Federal violation. This can force either a Federal or State interventional action)
Nothing in this title annuls or limits any rights or remedies under the common law or statutes of any State with respect to—
(1) subject matter that does not come within the subject matter of copyright as specified by sections 102 and 103, including works of authorship not fixed in any tangible medium of expression; or (etc. etc - ds addition)
(Certain works while on basic analysis, may appear to be appropriate to 102 or 103, but may in fact fall into another section based upon several factors. Thus, individual State law would be entirely enforceable, while also the possibility of Federal intervention and relief may be sought. Under these circumstances, double jeopardy does not come into play and dual relief actions are constitutionally allowed)
