| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0961* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 961 | |
| 11 | 8 | P3, P2 5lr2462 | |
| 12 | - | CF | |
| 9 | + | CF 5lr3503 | |
| 13 | 10 | By: Delegates Embry, Acevero, Boyce, Crutchfield, Kaufman, McComas, Pasteur, | |
| 14 | 11 | and Ruff | |
| 15 | 12 | Introduced and read first time: January 31, 2025 | |
| 16 | 13 | Assigned to: Appropriations | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 22, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | - | Commissioned Public Art – Artist Rights | |
| 19 | + | Commissioned Public Art – Artist Rights 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of prohibiting an entity from including in a contract for certain State 3 | |
| 28 | 22 | public art a provision requiring artists to waive certain rights; prohibiting 4 | |
| 29 | - | enforcement of a certain waiver in an existing contract; requiring certain State public 5 | |
| 30 | - | art to be registered with the Maryland State Arts Council; and generally relating to 6 | |
| 31 | - | artist rights and State public art. 7 | |
| 23 | + | enforcement of a certain waiver in an existing contract; and generally relating to 5 | |
| 24 | + | artist rights and State public art. 6 | |
| 32 | 25 | ||
| 33 | - | BY adding to | |
| 34 | - | Article – State Finance and Procurement | |
| 35 | - | Section 13–228 | |
| 36 | - | Annotated Code of Maryland | |
| 37 | - | (2021 Replacement Volume and 2024 Supplement) | |
| 26 | + | BY adding to 7 | |
| 27 | + | Article – State Finance and Procurement 8 | |
| 28 | + | Section 13–228 9 | |
| 29 | + | Annotated Code of Maryland 10 | |
| 30 | + | (2021 Replacement Volume and 2024 Supplement) 11 | |
| 38 | 31 | ||
| 39 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 40 | - | That the Laws of Maryland read as follows: | |
| 32 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 | |
| 33 | + | That the Laws of Maryland read as follows: 13 | |
| 41 | 34 | ||
| 42 | - | Article – State Finance and Procurement | |
| 35 | + | Article – State Finance and Procurement 14 | |
| 43 | 36 | ||
| 44 | - | 13–228. | |
| 37 | + | 13–228. 15 | |
| 45 | 38 | ||
| 46 | - | (A) IN THIS SECTION , “STATE PUBLIC ART ” MEANS PUBLIC ART 17 | |
| 47 | - | COMMISSIONED FOR A P ROJECT THAT RECEIVES STATE FUNDING , REGARDLESS OF 18 | |
| 48 | - | WHETHER THE STATE FUNDING DIRECTL Y PAID FOR THE PUBLI C ART. 19 2 HOUSE BILL 961 | |
| 39 | + | (A) IN THIS SECTION , “STATE PUB LIC ART” MEANS PUBLIC ART 16 | |
| 40 | + | COMMISSIONED FOR A P ROJECT THAT RECEIVES STATE FUNDING , REGARDLESS OF 17 | |
| 41 | + | WHETHER THE STATE FUNDING DIRECTL Y PAID FOR THE PUBLI C ART. 18 | |
| 42 | + | ||
| 43 | + | (B) AN ENTITY MAY NOT INCLUDE IN A CONTRAC T FOR STATE PUBLIC ART 19 | |
| 44 | + | A REQUIREMENT THAT AN ARTIST WAIVE COPYRIGHT PROTECTION S OR RIGHTS 20 | |
| 45 | + | UNDER 17 U.S.C. § 106A. 21 | |
| 46 | + | 2 HOUSE BILL 961 | |
| 49 | 47 | ||
| 50 | 48 | ||
| 49 | + | (C) A COURT MAY NOT ENFORC E A WAIVER DESCRIBED IN SUBSECTION (B) 1 | |
| 50 | + | OF THIS SECTION THAT IS INCLUDED IN A CONTRA CT ENTERED INTO BEFORE 2 | |
| 51 | + | OCTOBER 1, 2025. 3 | |
| 51 | 52 | ||
| 52 | - | (B) (1) AN ENTITY MAY NOT INC LUDE IN A CONTRACT F OR STATE PUBLIC 1 | |
| 53 | - | ART A REQUIREMENT THAT AN ARTIST WAIVE COPYRIG HT PROTECTIONS OR RI GHTS 2 | |
| 54 | - | UNDER 17 U.S.C. § 106A. 3 | |
| 55 | - | ||
| 56 | - | (2) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , AN 4 | |
| 57 | - | ARTIST MAY CHOOSE TO WAIVE THEIR COPYRIGH T PROTECTIONS OR RIG HTS UNDER 5 | |
| 58 | - | 17 U.S.C. § 106A IN A CONTRACT FOR STATE PUBLIC ART . 6 | |
| 59 | - | ||
| 60 | - | (C) A COURT MAY NOT ENFORC E A WAIVER DESCRIBED IN SUBSECTION (B) 7 | |
| 61 | - | (B)(1) OF THIS SECTION THAT IS INCLUDED IN A CON TRACT ENTERED INTO B EFORE 8 | |
| 62 | - | OCTOBER 1, 2025. 9 | |
| 63 | - | ||
| 64 | - | (D) AN ENTITY THAT COMMIS SIONS STATE PUBLIC ART SHAL L REGISTER 10 | |
| 65 | - | THE ART WITH THE MARYLAND STATE ARTS COUNCIL, INCLUDING: 11 | |
| 66 | - | ||
| 67 | - | (1) THE NAME AND CONTACT INFORMATION OF THE A RTIST; 12 | |
| 68 | - | ||
| 69 | - | (2) THE LOCATION OF THE ART; 13 | |
| 70 | - | ||
| 71 | - | (3) THE TYPE OF ART ; 14 | |
| 72 | - | ||
| 73 | - | (4) THE TITLE OF THE ART ; AND 15 | |
| 74 | - | ||
| 75 | - | (5) THE DATE OF INSTALLA TION OR CREATION . 16 | |
| 76 | - | ||
| 77 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 | |
| 78 | - | October 1, 2025. 18 | |
| 79 | - | ||
| 80 | - | ||
| 81 | - | ||
| 82 | - | ||
| 83 | - | Approved: | |
| 84 | - | ________________________________________________________________________________ | |
| 85 | - | Governor. | |
| 86 | - | ________________________________________________________________________________ | |
| 87 | - | Speaker of the House of Delegates. | |
| 88 | - | ________________________________________________________________________________ | |
| 89 | - | President of the Senate. | |
| 53 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 | |
| 54 | + | October 1, 2025. 5 |