Busking copyright issues???

[rllink]

Tribute bands and copyright issues got me wondering, what about busking? I will right off say busking is my thing and I've done it in a lot of different places. I've been moved on because I was invading someone else's territory, I've been moved on by the cops because I didn't have a permit, I've been moved on because I couldn't busk on National Park Property, but never once have I been accosted for playing covers. Honestly, I've never really even considered it.

[mike o]

I wouldn’t worry much about it in your situation. Tribute bands draw a lot of attention and easy to find.

[cdkrugjr]

US Answer:
Venues sometimes get busted for failing to have an ASCAP license, and stores for playing music without the appropriate license.

In the US, it’s ALWAYS the responsibility of the venue.

Busking? Sure, you go down to City Hall, you find some bureaucrat who Does Not Want to Help You and try to get any attention. So you have your attorney send them a letter and they VERY kindly point out that they are not in the business of hiring entertainment, and can hardly control busking when there are SERIOUS CRIMES—lightly profitable traffic tickets—for law enforcement attention.

Other countries have their own rules. I’m told in Scandinavian countries your playlist is a legal document that your’re required to file so they can sort out the performing arts rights. I suspect that’s strictly enforced at fixed venues…perhaps….

[Dogma]

Originally Posted by rllink

Tribute bands and copyright issues got me wondering, what about busking? I will right off say busking is my thing and I've done it in a lot of different places. I've been moved on because I was invading someone else's territory, I've been moved on by the cops because I didn't have a permit, I've been moved on because I couldn't busk on National Park Property, but never once have I been accosted for playing covers. Honestly, I've never really even considered it.

Just curious what the issue is for the NPS?
Creatin' a nuisance.....?

[Steve DeRosa]

Originally Posted by Dogma

Just curious what the issue is for the NPS?
Creatin' a nuisance.....?

Cruelty to/abuse of endangered species...

[rllink]

Originally Posted by Dogma

Just curious what the issue is for the NPS?
Creatin' a nuisance.....?

I don't know. I never challenged the ranger. I had condo in Old San Juan, PR where we wintered. A few blocks from the condo was an old wall that used to be part of the defenses between two old forts with a grassy area between it and the sidewalk. It all belonged to the National Parks Service. I would go out there a couple afternoons a week and entertain the tourists. Every once in a while a park ranger would come by in a golf cart and yell at me, "no busking on Park Service land." Then he would wait for me to pack up and leave. So I would call it a day and go home. It wasn't worth arguing. I played on that wall for several years and there was just one park ranger who had a thing for buskers.

It has been my experience that the only buskers who get cited or arrested for busking in the wrong place or without a permit are those that talk themselves into it. If some authority figure tells me to move it, I just go find somewhere else to set up.

[AX17609]

This is a more than casually interesting question. It's not a copyright issue but a performance rights issue. I know that it's the venue that has to pay the performance rights fee, not the artist. But, I've always wondered about towns and buskers. When a town holds a festival or concert series, does it have to pay a performance rights fee, or are public venues exempt? As for buskers, the town is essentially hosting the performance by allowing it to occur. So, does the town pay a performance right fee?

[The Watchman]

Originally Posted by AX17609

As for buskers, the town is essentially hosting the performance by allowing it to occur.

I dont think that's a valid way to look at it. It's like the beggars on street corners, or homeless people under the bridge. If it's public land like the street, they are allowed to use public space, just like girl scouts selling cookies. And it's not illegal (at least in my city - court rulings) to ask people for money. They get in trouble if they block traffic or are aggressive, or maybe loud with buskers. But somebody has to complain first.

[Robin, Wales]

I don't know about copyright issues but the Mayor of London's office is very supportive of busking in the city:

https://www.foundinmusic.com/busk-in-london/

Copyright issues are not mentioned on the website as far as I can see, or in the busker's code they issue.

The bottom line is that busking is legal on public land - unless there is a specific local bylaw stating otherwise.

Mind you, for some private land locations in London such as in the London Underground or along the South Bank you have to pass an audition to get a busking licence

[Charlie Bernstein]

Busking is fine. No venue is presenting you, so no venue is making money. ASCAP and BMI can't bill a sidewalk. Or you, since you're not making enough to matter.

[Charlie Bernstein]

Originally Posted by rllink

. . . Honestly, I've never really even considered it.

PS -

We have no reason to doubt you.

[Charlie Bernstein]

Originally Posted by Robin, Wales

I don't know about copyright issues but the Mayor of London's office is very supportive of busking in the city . . .

Heh heh. The times, they are a-changing!: John Baldry on busking

[Cecil6243]

Originally Posted by Steve DeRosa

Cruelty to/abuse of endangered species...

[RJVB]

Originally Posted by AX17609

I know that it's the venue that has to pay the performance rights fee

Rather the organiser, no?

[EZYPIKINS]

Take Little River Band for instance...

The band currently touring as Little River Band, had nothing to do with making all the hits we all know and love.

The original writers/singers who own the music, don't get anything from the live shows these guys play.

Why is that? Because they're Australian? It's not right. The owners of the copywrites should get a cut, you'd think.

The current touring band can't go in and re-record the songs that make them a concert draw, without legal consequence. But the live shows, they get away with.

If a national touring band can get away with it. I'm not going to worry about it.

I have been to venues who say, you can't play covers.

Fine, I'll go play somewhere else.