EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0961*
HOUSE BILL 961
P3, P2 5lr2462
CF 5lr3503
By: Delegates Embry, Acevero, Boyce, Crutchfield, Kaufman, McComas, Pasteur,
and Ruff
Introduced and read first time: January 31, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Commissioned Public Art – Artist Rights 2
FOR the purpose of prohibiting an entity from including in a contract for certain State 3
public art a provision requiring artists to waive certain rights; prohibiting 4
enforcement of a certain waiver in an existing contract; and generally relating to 5
artist rights and State public art. 6
BY adding to 7
Article – State Finance and Procurement 8
Section 13–228 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – State Finance and Procurement 14
13–228. 15
(A) IN THIS SECTION , “STATE PUB LIC ART” MEANS PUBLIC ART 16
COMMISSIONED FOR A P ROJECT THAT RECEIVES STATE FUNDING , REGARDLESS OF 17
WHETHER THE STATE FUNDING DIRECTL Y PAID FOR THE PUBLI C ART. 18
(B) AN ENTITY MAY NOT INCLUDE IN A CONTRAC T FOR STATE PUBLIC ART 19
A REQUIREMENT THAT AN ARTIST WAIVE COPYRIGHT PROTECTION S OR RIGHTS 20
UNDER 17 U.S.C. § 106A. 21
2 HOUSE BILL 961
(C) A COURT MAY NOT ENFORC E A WAIVER DESCRIBED IN SUBSECTION (B) 1
OF THIS SECTION THAT IS INCLUDED IN A CONTRA CT ENTERED INTO BEFORE 2
OCTOBER 1, 2025. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5