SB0041 • 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: Senator Kagan
Last action: 2026-01-15
Official status: In the Senate - Hearing 1/21 at 10:00 a.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 "public art" as that 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; 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 "public art" as that 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; 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.

Bill History

2026-01-15 Senate
Hearing 1/21 at 10:00 a.m.
2026-01-14 Senate
First Reading Budget and Taxation
2025-10-31 Senate
Pre-filed
Maryland General Assembly
Text - First - 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 "public art" as that 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; 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.
*sb0041*

SENATE BILL 41
P3, P2 6lr1580
SB 1006/25 – B&T (PRE–FILED) CF 6lr1574
By: Senator Kagan
Requested: October 31, 2025
Introduced and read first time: January 14, 2026
Assigned to: Budget and Taxation

A BILL ENTITLED

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; and generally 5
relating to artist rights and State public art. 6

BY adding to 7
Article – State Finance and Procurement 8
Section 13–230 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2025 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

13–230. 15

(A) IN THIS SECTION , “STATE PUBLIC ART ” MEANS PUBLIC ART 16
COMMISSIONED FOR A PROJECT THAT RECEIVES STATE FUNDING, REGARDLESS OF 17
WHETHER THE STATE FUNDING DIRECTLY PAID FOR THE PUBLIC ART. 18

(B) (1) AN ENTITY MAY NOT INCLUDE IN A CONTRACT FOR STATE PUBLIC 19
ART A REQUIREMENT THAT AN ARTIST WAIVE COPYRIGHT PROTECTIONS OR RIGHTS 20
UNDER 17 U.S.C. § 106A. 21

2 SENATE BILL 41

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

(3) A WAIVER DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION 5
MUST BE IN WRITING. 6

(C) AN ENTITY THAT COMMIS SIONS STATE PUBLIC ART SHAL L REGISTER 7
THE ART WITH THE MARYLAND STATE ARTS COUNCIL, INCLUDING: 8

(1) THE NAME AND CONTACT INFORMATION OF THE ARTIST; 9

(2) THE LOCATION OF THE ART; 10

(3) THE TYPE OF ART; 11

(4) THE TITLE OF THE ART; AND 12

(5) THE DATE OF INSTALLATION OR CREATION. 13

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 14
apply only prospectively and may not be applied or interpreted to have any effect on or 15
application to any contract entered into before the effective date of this Act. 16

SECTION 3. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 17
October 1, 2026. 18