In fact, groups representing authors and photographers have opposed orphan works legislation in the past.
The US used to require affirmative action to gain copyright protection but this was phased out to be consistent with most other countries.
Over time, this would exponentially not be the case
Copyright applies from the moment of creation for all creative works in the US today. But registering, which as I understand makes it easier to collect damages, costs money (call it $100, the details are somewhat complicated). I probably wouldn't go through that for most things even today.