I know you guys've been bugged a lot over clarifications here, so sorry if this is any kind of a bother, but what exactly defines an orphaned work? As a for instance, I recently picked up Thumbscrew, a horror anthology put out in 92 from the now defunct Caliber Press. Caliber did creator-owned, so reprint is certainly possible, but unlikely.
Tracking down and acquiring creator permission would, I'm sure, sweeten the deal, I'm just curious what makes a work orphaned, for this title and for future reference. That a thing falls under the 1/3 rule by default is probably a safe assumption either way.