EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0961*
HOUSE BILL 961
P3, P2 5lr2462
CF SB 1006
By: Delegates Embry, Acevero, Boyce, Crutchfield, Kaufman, McComas, Pasteur,
and Ruff
Introduced and read first time: January 31, 2025
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 22, 2025
CHAPTER ______
AN ACT concerning 1
Commissioned Public Art – Artist Rights and Registration of Art 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; requiring certain State public 5
art to be registered with the Maryland State Arts Council; and generally relating to 6
artist rights and State public art. 7
BY adding to 8
Article – State Finance and Procurement 9
Section 13–228 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – State Finance and Procurement 15
13–228. 16
(A) IN THIS SECTION , “STATE PUBLIC ART ” MEANS PUBLIC ART 17
COMMISSIONED FOR A P ROJECT THAT RECEIVES STATE FUNDING , REGARDLESS OF 18
WHETHER THE STATE FUNDING DIRECTL Y PAID FOR THE PUBLI C ART. 19 2 HOUSE BILL 961
(B) (1) AN ENTITY MAY NOT INC LUDE IN A CONTRACT F OR STATE PUBLIC 1
ART A REQUIREMENT THAT AN ARTIST WAIVE COPYRIG HT PROTECTIONS OR RI GHTS 2
UNDER 17 U.S.C. § 106A. 3
(2) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , AN 4
ARTIST MAY CHOOSE TO WAIVE THEIR COPYRIGH T PROTECTIONS OR RIG HTS UNDER 5
17 U.S.C. § 106A IN A CONTRACT FOR STATE PUBLIC ART . 6
(C) A COURT MAY NOT ENFORC E A WAIVER DESCRIBED IN SUBSECTION (B) 7
(B)(1) OF THIS SECTION THAT IS INCLUDED IN A CON TRACT ENTERED INTO B EFORE 8
OCTOBER 1, 2025. 9
(D) AN ENTITY THAT COMMIS SIONS STATE PUBLIC ART SHAL L REGISTER 10
THE ART WITH THE MARYLAND STATE ARTS COUNCIL, INCLUDING: 11
(1) THE NAME AND CONTACT INFORMATION OF THE A RTIST; 12
(2) THE LOCATION OF THE ART; 13
(3) THE TYPE OF ART ; 14
(4) THE TITLE OF THE ART ; AND 15
(5) THE DATE OF INSTALLA TION OR CREATION . 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.