Commissioned Public Art - Artist Rights and Registration of Art
HB 387 creates new rules for commissioned public art that is funded by the State. It prohibits contracts for State public art from requiring artists to waive copyright protections or the “moral rights” protections found in federal law under 17 U.S.C. § 106A, although an artist may still voluntarily agree to a written waiver. The bill defines “State public art” broadly to include public art for projects receiving State funding, even if State money did not directly pay for the artwork.
The bill also requires any entity commissioning State public art to register the work with the Maryland State Arts Council. The registration must include the artist’s name and contact information, the location of the art, the type and title of the art, and the date of installation or creation. In turn, the Arts Council must create and maintain a publicly available online database of registered works. The bill applies prospectively only and does not affect contracts entered into before its effective date of October 1, 2026.
HB 387 would add a new section to the State Finance and Procurement Article governing State public art contracts and recordkeeping. It would limit the terms that State-related commissioning entities may impose on artists, preserve certain federal copyright and attribution/integrity rights unless waived in writing, and create a statewide registration and public database requirement for commissioned public art. The practical effect is to increase transparency and documentation for publicly funded art projects while strengthening baseline protections for artists.
The bill appears generally favorable and noncontroversial in the available record. It was introduced by a bipartisan-looking group of delegates, received a favorable committee report with amendments, and was adopted by the House. No committee transcript or recorded votes were provided showing opposition, so the available context suggests broad support for the bill’s artist-protection and public-information goals.
The main policy issue is the balance between artist rights and contracting flexibility for public entities. The bill bars mandatory waivers of copyright and federal moral rights in State public art contracts, which may concern agencies or commissioning entities that prefer broader control over installation, alteration, or future use of the work. A second point of interest is the scope of the registration requirement, since it applies to art on projects receiving State funding even when the State did not directly pay for the artwork. No specific opposition is documented in the provided materials.