There is risk involved in everything we do. In this area, we prefer to eliminate it altogether. If it cannot be completely eliminated, it should be up to those who will have to pay the cost of an infringement lawsuit to decide the level of risk with which they are comfortable. For example, the University has accepted a certain level of risk by creating its Copyright Policy with explanations of how to use the fair use test. Similarly, publishers decide to accept a certain level of risk when they establish their policies that set word limits for unlicensed quotations. An unlocated or unresponsive copyright owner presents a risk that the owner will some day "appear" and be upset with a use of his or her work. This may not be a great risk, especially when a thorough search has revealed no owner. Nevertheless, it's a decision in which the University or the publisher should participate, not one for the faculty member alone.