MyArtSpace Q&A on Orphan Works

Last week PK was sent an email by a concerned artist on, you guessed it, orphan works. Brian, as a painter and a writer, was very concerned about the proposed legislation, it's impact on artists, and PK's our stance on it. I replied to his email, trying to address his worries about the cap on damages we originally proposed (though we do not promote this any more since "reasonable compensation" is now where the ball has moved), and some of his specific concerns about what would be considered a qualifying search.

In his reply, he invited me to try to break down the orphan works legislation and issue on a blog he writes for at, a website that empowers artists to make a place for themselves on the web, to display their creativity, get exposure, discuss and critique ideas with others, and maybe even sell some art. It's a social network for artists.

I, sadly, could go on for days on the topic of orphan works, so I suggested that the format be focussed on the concerns he believes artists really care about. He sent me a number of to-the-point questions and here are my replies.

Thanks to Brian Sherwin for reaching out and his willingness to expose some potentially different views on I encourage anyone interested in the issue to leave a comment on Brian's blog, so we can ensure a good discussion of the issues.

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