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Artists, arts groups urge Maryland to bar state-funded contracts that force VARA and copyright waivers
Summary
Supporters of HB961 told the Appropriations Committee the bill would protect artists commissioned with public funds from being required to waive Visual Artists Rights Act (VARA) protections or copyrights as a precondition of receiving state-funded contracts. Artists said coercive waiver clauses reduce the caliber of applicants and lead to loss or损
Artists, arts organizations and local arts administrators urged the House Appropriations Committee to approve House Bill 961, which would forbid state-funded awards for commissioned artwork from conditioning payment on artists' waiving of Visual Artists Rights Act (VARA) protections or copyrights.
Sponsor testimony and a panel of artists described instances where municipal or agency contracts required artists to transfer copyright or sign VARA-waiver forms as a condition of performing state-funded work. "Artists are visual historians," art historian and former Maryland Public Art Commission chair Elizabeth Embry told the committee. "Insisting that contracts for commissioned artwork include copyright protections" is necessary when taxpayer funds pay for public art.
Public artist Graham Carroll Allen described a 2023 commission he declined after city contract terms would have required him to surrender publicity rights and sign a VARA waiver. "I made the very tough decision on principle to walk away from the contract, foregoing what would have been a high-profile commission," Allen said, adding that less-established artists sometimes accept such terms out of financial necessity.
Witnesses said retaining artists' attribution and preservation rights protects both creators and the public investment in artworks that shape civic spaces and attract visitors. Arts groups emphasized the sector's economic impact and said the bill is narrowly tailored to prevent coerced waivers while still allowing negotiated agreements after award.
Sponsor and arts supporters discussed a possible amendment clarifying that the bill would bar conditioning award receipt on waiver but would not prohibit voluntary post-award negotiations between artists and agencies.
The committee heard broad support from artists, cultural groups and the Maryland Public Art community. No committee vote took place at the hearing; sponsors said they would submit clarifying amendment language.
