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Read. Follow. Verify.Maryland Prohibits State Public Art Contracts from Requiring Artists to Waive Copyrights
Last action · January 15, 2026: Hearing 1/21 at 10:00 a.m.Sponsor: Cheryl Kagan
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What This Bill Would Do
Maryland Senate Bill 41 bans entities commissioning state-funded public art from requiring artists to waive their copyright protections or moral rights. The measure also mandates that all state-commissioned public art be registered with the Maryland State Arts Council beginning October 1, 2026.
Artists creating works for state-funded projects retain their intellectual property rights unless they voluntarily choose to sign a written waiver, and the state establishes a centralized registry for public art.
Who It Would Affect
Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.
artists
Artists cannot be forced to waive copyright protections in state public art contracts unless they sign a written waiver.
entities commissioning State public art
Commissioning entities are barred from requiring copyright waivers and must register completed works with the Maryland State Arts Council.
Maryland State Arts Council
The council is designated to receive and maintain registration records for state-commissioned public art.
Key Facts
- Entities are prohibited from including contract terms that force artists to waive copyright protections or rights under 17 U.S.C. § 106A for state public art.
- Artists are permitted to voluntarily waive their copyright protections or 17 U.S.C. § 106A rights if the waiver is executed in writing.
- Entities commissioning state public art must register the artwork with the Maryland State Arts Council.
- Required registration details include the artist's name and contact information, the location, type, and title of the art, and the date of installation or creation.
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- State public art is defined as art commissioned for a project receiving state funding, regardless of whether state funds directly paid for the artwork.
- The Act applies prospectively and does not affect contracts entered into before the October 1, 2026 effective date.
- The law takes effect on October 1, 2026.
Frequently Asked Questions
Can an artist still choose to waive their copyright for state public art?
What information must be provided when registering state public art?
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
Currently filed. The next step in the legislative lifecycle is Committee.
Procedural history
3 actions- Jan 15, 2026SenateHearing 1/21 at 10:00 a.m.
- Jan 14, 2026SenateIntroducedFirst Reading Budget and Taxation
- Oct 31, 2025SenateIntroducedPre-filed
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Connected Entities
Sources
mgaleg.maryland.gov
Analysis Score
0–100- Significance50How much this matters to a regular citizen
- Controversy10Intensity of disagreement among stakeholders
- Entertainment5Compellingness for a non-policy-wonk reader
- Buzz20Current news / social attention level
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