EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1006*
SENATE BILL 1006
P3, P2 5lr3503
CF HB 961
By: Senator Kagan
Introduced and read first time: February 1, 2025
Assigned to: Rules
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 PUBLIC 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 INC LUDE IN A CONTRACT F OR STATE PUBLIC ART 19
A REQUIREMENT THAT A N ARTIST WAIVE COPYR IGHT PROTECTIONS OR RIGHTS 20
UNDER 17 U.S.C. § 106A. 21
2 SENATE BILL 1006
(C) A COURT MAY NOT ENFOR CE A WAIVER DESCRIBE D IN SUBSECTION (B) 1
OF THIS SECTION THAT IS INCLUDED IN A CON TRACT ENTERED INTO B EFORE 2
OCTOBER 1, 2025. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5