HB0387 • 2026

Commissioned Public Art - Artist Rights and Registration of Art

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Delegates Embry , Behler , Boyce , Crutchfield , Forbes , Kaufman , Pasteur , Ruff , Ruth , Stinnett , Toles , Wolek , and Woorman
Last action: 2026-03-25
Official status: In the Senate - Hearing 3/31 at 1:00 p.m.
Effective date: 2026-10-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Commissioned Public Art - Artist Rights and Registration of Art

Prohibiting an entity from including in a contract for certain State public art a provision requiring artists to waive copyright 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; requiring certain State public art to be registered with the Maryland State Arts Council; requiring the Council to establish, maintain, and update a public database of certain art on its website; and applying the Act prospectively.

What This Bill Does

Prohibiting an entity from including in a contract for certain State public art a provision requiring artists to waive copyright 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; requiring certain State public art to be registered with the Maryland State Arts Council; requiring the Council to establish, maintain, and update a public database of certain art on its website; and applying the Act prospectively.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

593320/1

None

Favorable with Amendments { 593320/1 Adopted

Plain English: AMENDMENTS TO HOUSE BILL 387 (First Reading File Bill) AMENDMENT NO.

AMENDMENTS TO HOUSE BILL 387 (First Reading File Bill) AMENDMENT NO.
1 On page 1, in line 5, after “Council;” insert “ requiring the Council to establish, maintain, and update a certain database of certain art on its website;”.
AMENDMENT NO.
2 On page 2, after line 13, insert: “(D) THE MARYLAND STATE ARTS COUNCIL SHALL ESTABLI SH, MAINTAIN, AND UPDATE A PUBLICLY AVAILABLE DATABASE OF ART REGISTERED UNDER SUBSECTION (C) OF THIS SECTION ON ITS WEBSITE.”.

Bill History

2026-03-25 Senate
Hearing 3/31 at 1:00 p.m.
2026-02-23 House
Favorable with Amendments Report by Appropriations
2026-02-20 House
Third Reading Passed (131-5)
2026-02-19 Senate
Referred Budget and Taxation
2026-02-18 House
Favorable with Amendments { 593320/1 Adopted
2026-02-18 House
Second Reading Passed with Amendments
2026-01-28 House
Hearing 2/03 at 1:00 p.m.
2026-01-21 House
First Reading Appropriations
Maryland General Assembly
Text - First - Commissioned Public Art - Artist Rights and Registration of Art
Maryland General Assembly
Vote - House - Committee - Appropriations
Maryland General Assembly
Text - Third - Commissioned Public Art - Artist Rights and Registration of Art

Official Summary Text

Prohibiting an entity from including in a contract for certain State public art a provision requiring artists to waive copyright 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; requiring certain State public art to be registered with the Maryland State Arts Council; requiring the Council to establish, maintain, and update a public database of certain art on its website; and applying the Act prospectively.

Current Bill Text

Read the full stored bill text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
*hb0387*

HOUSE BILL 387
P3, P2 6lr1574
HB 961/25 – APP CF SB 41
By: Delegates Embry, Behler, Boyce, Crutchfield, Forbes, Kaufman, Pasteur, Ruff,
Ruth, Stinnett, Toles, Wolek, and Woorman
Introduced and read first time: January 21, 2026
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 18, 2026

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; requiring certain 4
State public art to be registered with the Maryland State Arts Council; requiring the 5
Council to establish, maintain, and update a certain database of certain art on its 6
website; and generally relating to artist rights and State public art. 7

BY adding to 8
Article – State Finance and Procurement 9
Section 13–230 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 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

13–230. 16

(A) IN THIS SECTION , “STATE PUBLIC ART ” MEANS PUBLIC ART 17
COMMISSIONED FOR A PROJECT THAT RECEIVES STATE FUNDING, REGARDLESS OF 18
WHETHER THE STATE FUNDING DIRECTLY PAID FOR THE PUBLIC ART. 19
2 HOUSE BILL 387

(B) (1) AN ENTITY MAY NOT INCLUDE IN A CONTRACT FOR STATE PUBLIC 1
ART A REQUIREMENT THAT AN ARTIST WAIVE COPYRIGHT PROTECTIONS OR RIGHTS 2
UNDER 17 U.S.C. § 106A. 3

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION , AND 4
SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ARTIST MAY CHOOSE TO 5
WAIVE THE ARTIST’S COPYRIGHT PROTECTIONS OR RIGHTS UNDER 17 U.S.C. § 106A 6
IN A CONTRACT FOR STATE PUBLIC ART. 7

(3) A WAIVER DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION 8
MUST BE IN WRITING. 9

(C) 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 ARTIST; 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 INSTALLATION OR CREATION. 16

(D) THE MARYLAND STATE ARTS COUNCIL SHALL ESTABLISH, MAINTAIN, 17
AND UPDATE A PUBLICL Y AVAILABLE DATABASE OF ART REGISTERED UN DER 18
SUBSECTION (C) OF THIS SECTION ON ITS WEBSITE. 19

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 20
apply only prospectively and may not be applied or interpreted to have any effect on or 21
application to any contract entered into before the effective date of this Act. 22

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24