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SB 1006

Relating to legislative measure introduction; prescribing an effective date.

2025 Regular Session Introduced by Court Boice and 14 co-sponsors

Prohibits State-funded public-art contracts from forcing artists to waive copyright or VARA rights; waivers pre-Oct 1, 2025 won't be enforceable, strengthening artist protections.

In committee upon adjournment.
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Bill Summary · SB 1006

SB 1006 — Commissioned Public Art — Artist Rights (Maryland)

Status: Introduced Jan 29, 2025; hearing scheduled Mar 12, 2025 at 3:00 p.m. (Assigned to Rules). Effective date (as drafted): October 1, 2025. Sponsor: Sen. Kagan (companion bills: HB 961, HB 2067).

Purpose / Intent

The bill is designed to protect the copyright and moral rights of artists who create public art connected to projects that receive State funding. It prevents procurement contracts for State‑funded public art from forcing artists to waive statutory copyright protections — including rights under 17 U.S.C. § 106A (the Visual Artists Rights Act, or VARA).

Key provisions

  • Adds a new Section 13‑228 to the State Finance and Procurement Article.
  • Defines “State public art” as public art commissioned for a project that receives State funding, regardless of whether the State funding directly paid for the artwork.
  • Prohibits any entity from including in a contract for State public art a requirement that an artist waive:
    • Copyright protections; or
    • Rights under 17 U.S.C. § 106A (VARA — moral rights such as attribution and integrity).
  • Bars courts from enforcing such waivers if they appear in contracts entered into before October 1, 2025.
  • Effective date: October 1, 2025.

Who is affected

  • Artists commissioned to create public art for projects that receive State funding (broadly defined).
  • State agencies, authorities, and other contracting entities that procure public art as part of State‑funded projects — they must not include waiver provisions in contracts.
  • Contractors, developers, design teams, and grantees who manage public‑art agreements on State‑funded projects.
  • Courts (insofar as the bill restricts judicial enforcement of certain pre‑existing waivers).

Legal context

  • 17 U.S.C. § 106A (VARA) grants certain moral rights to visual artists (attribution and integrity) for eligible works (e.g., limited‑edition prints, sculptures, paintings, certain photographs).
  • The bill addresses contractual attempts to abdicate those protections in State‑connected procurement.

Fiscal and procedural notes

  • Fiscal note (Department of Legislative Services): no material effect on State or local government finances or operations; minimal impact on small businesses.
  • Draft adds §13‑228 to the procurement code; effective Oct. 1, 2025.
  • The bill also contains a retroactive non‑enforcement clause for waivers in contracts entered into before Oct. 1, 2025, meaning such waiver terms cannot be enforced by a court after that date.

Practical impact

  • Agencies should review and revise public‑art contract templates to remove any waiver language inconsistent with the bill.
  • Artists receive strengthened statutory protection against contractual surrender of copyright and VARA rights for State‑funded public art.

Compiled from official sources — confirm details with the bill’s official record.

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