That article is certainly scary, but I've been studying the issue over the last few days as the news broke on DA.
First off, it's easy to get up in arms about it. All the underlying arguments in that argument are valid to a point. However, the final conclusions are flawed because they are based on a common logical fallacy: slippery slope.
This law has less to do with us Construct users piddling away at our creations and more to do with large scale copyright issues. Ever wanted to slap "You are my sunshine, my only sunshine" onto your commercial? Well, you'll have to pay some moron to do so because he's been keeping the rights to it alive even though he has nothing to do with the original creators. This is where the orphaned work argument takes place. Is a century-old song grounds for royalties? Well, I guess that's currently a matter of opinion, and the person claiming the rights will certainly speak loudest.
The legislation doesn't even really change how US copyrights are protected. So long as you're living or have surviving relatives if you stop living, your copyright is still covered, registered or not. Even then, you're rights are protected for a few decades after you die. The difference is whether your copyright is the Hydrogen Car or "You are my sunshine."
That's not to say I completely support it. I can see it hindering as much as it helps. It offers a legal route for people who want their folk-songy ads to not cost them buku amounts of cash. On the other hand, if you invent the Hydrogen Car and don't have the foresight to protect such a thing, it also offers wiggle room for thieves.
Is it as bad as that article makes it sound? From what I've gathered so far, no. No it isn't.