Artists, arts groups urge committee to bar contract clauses that force VARA waivers for state-funded work

Delegate Elizabeth Embry (sponsor panel) presented House Bill 961, which would prohibit state-funded commissions from conditioning an award on the artist's prior waiver of rights under the federal Visual Artists Rights Act (VARA) or copyright. Embry said the proposal aims to preserve artists' moral‑rights protections and to protect public investment in works funded by taxpayers.

Public artists and arts advocates testified that requiring VARA or copyright waivers discourages experienced practitioners and can lead to the loss or damage of public works. Public artist Graham Carroll Allen described a recent city contracting episode in which the city asked him to forfeit copyright and required a VARA waiver; he said he “made the very tough decision on principle to walk away from the contract,” forfeiting income for himself and work for other local artists. Jeanne Howe of the Greater Baltimore Cultural Alliance and others urged lawmakers to protect artistic attribution and preservation for publicly funded works.

Sponsor and panelists said an amendment under consideration would clarify that the bill would not prohibit post‑award negotiation — for example, in cases where a work is incorporated into a building and the parties decide a specific preservation or attribution agreement is needed — but it would bar conditioning receipt of the award on a waiver. Witnesses argued that protecting VARA rights supports higher‑quality commissions and economic benefits tied to public art.

Ending: Committee members asked technical questions about a sponsor amendment. Supporters said the bill has no fiscal impact and urged a favorable vote to protect artists and public investment in state‑funded art.