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MD SB1006

Commissioned Public Art - Artist Rights


summary

Introduced
02/10/2025
In Committee
02/21/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Prohibiting an entity from including in a contract for State public art a provision requiring artists to waive copyright protections or certain rights; defining "State public art" as public art commissioned for a project that receives State funding, regardless of whether the State funding directly paid for the public art; and prohibiting enforcement of a certain waiver in an existing contract.

AI Summary

This bill addresses artist rights in state-funded public art projects by establishing new protections for artists' intellectual property. The bill defines "State public art" as any public art commissioned for a project receiving state funding, regardless of whether state funds directly paid for the specific artwork. It prohibits entities from including contract provisions that require artists to waive their copyright protections or their rights under 17 U.S.C. § 106A (which primarily concerns an artist's right to claim authorship and prevent intentional distortion or modification of their work). Additionally, the bill stipulates that courts cannot enforce any existing copyright waiver provisions in contracts signed before October 1, 2025, effectively invalidating such clauses retroactively. The legislation aims to protect artists' intellectual property rights and ensure they maintain control over their creative works in state-funded public art projects. The bill will take effect on October 1, 2025, giving state agencies and contractors time to adjust their practices to comply with the new requirements.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Senate Budget and Taxation Hearing (15:00:00 3/12/2025 ) (on 03/12/2025)

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