Artists and arts groups urge committee to bar conditioning state-funded commissions on waiving VARA or copyright

Legislation before the House Appropriations Committee would prevent state agencies from conditioning awards for state-funded public art on artists' waivers of rights under the federal Visual Artists Rights Act or copyright.

Sponsor testimony said the bill is intended to protect artists' moral and attribution rights while also protecting the public investment in state-funded artworks. The sponsor said the bill would not bar artists and funders from negotiating contracts after an award is made; it would only prohibit conditioning the receipt of the award on a preemptive waiver.

Artists and arts advocates described instances where city or agency contract language has required artists to relinquish attribution or preservation protections as a condition of payment. Public artist Graham Carroll Allen testified that he walked away from a $79,000 city commission after the city demanded contract terms including a copyright transfer and a VARA waiver. He said the decision cost him income and local jobs that would have gone to other artists.

Jeanne Howe, executive director of the Greater Baltimore Cultural Alliance, said public art generates tourism and jobs and noted the cultural sectorcontributes billions to the state economy; she urged passage of the bill to protect both artists and the public investment.

Sponsors signaled an amendment would clarify that the bill prohibits conditioning an award on a waiver but would not prevent post-award negotiation when both parties agree.

Ending: Witnesses asked the committee for a favorable report; no committee vote was taken during the hearing.