I thought about exactly this issue
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We still have the current releases to consider. And let's face it, there's been a LOT of mods released over the last two years that I can't see being updated just to insert a tweaked readme file. 
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Would require a lot of work actually, not only for the individual modder but also what you said as to regards if the mods are no longer followed up by the creator, who is then responsible, or does that automatically make it "free" for the market? etc.
These points from Danlisa would suffice for example
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A clear & precise statement of the owners wishes regarding re-use or editing of said mod.
Example - <This mod can be used without prior agreement or This mod can not be used without my express permission.>
Relevent contact details.
Example - <You can contact me through Subsim, My username is JoeBloggs, I am also available though Ubisofts Forum, username JonSmith.>
A statement of non-contact.
Example - <If you have been unable to contact me through any of the above channels and have waited a suitable amount of time (TO BE DECIDED ON) for a response then please assume that this mod is no longer supported by me and is free for the modding community to use as they see fit.>
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I also think the points proposed by Ducimus look pretty spot on for a start.
Still...it would not cover the problem of existing mods with no clause.