SB1006 would limit the terms that may be included in contracts for certain State public art projects. The bill defines “State public art” as public art commissioned for a project that receives State funding, even if State money did not directly pay for the artwork itself. For those projects, an entity could not require an artist to waive copyright protections or the moral rights protections found in 17 U.S.C. § 106A, which generally protect attribution and integrity interests in visual art.
The bill also reaches existing agreements: a court would be barred from enforcing any such waiver contained in a contract entered into before October 1, 2025. The measure takes effect on October 1, 2025, and would be added to the State Finance and Procurement Article as a new section governing commissioned public art.
Impact
SB1006 would change Maryland procurement and public-art contracting rules by prohibiting waiver clauses that strip artists of federal copyright and visual-artist moral rights in State-funded public art commissions. It would apply to contracts for projects receiving State funding and would invalidate enforcement of preexisting waivers in contracts signed before the effective date, affecting State agencies, contractors, commissioning entities, and artists involved in public art projects.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the bill appears to be a straightforward artist-rights protection measure with no documented opposition or support in the available record. Its framing suggests a policy goal of preserving artists’ control over attribution and integrity in publicly funded works, rather than altering broader copyright law.
Contention
The main point of potential contention is the bill’s retroactive effect on existing contracts: it would prevent courts from enforcing waiver provisions in agreements entered into before October 1, 2025. That could raise concerns for commissioning entities, procurement officials, and contractors about contract certainty and the enforceability of negotiated terms. On the other side, artists and advocates for moral rights would likely support the measure because it prevents compelled waivers of copyright and attribution/integrity protections.