Busking copyright issues???

[AX17609]

Originally Posted by The Watchman

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.

Your statement is needlessly inflammatory. I didn't come within 100 miles of making a social statement. I'm simply asking a question I've been asking for 10 years, never receiving a clear answer.

Are municipal governments exempt from paying performance rights fees?

My local town holds a summer music festival. If any of those acts played in the bar across the street, the bar owner would have to pay a performance rights fee. Is the municipality similarly charged?

Same applies to buskers. If a busker moved his act and tip jar from the public street into the nearest bar or coffee shop, the owner would have to pay a performance rights fee. It wouldn't matter if the busker was paid by the establishment or whether the establishment had a cover charge. This is the issue facing open mic nights.

If the Girl Scouts sell cookies outside the local supermarket, that's fine as long as the supermarket approves. If they play Eagles music while they sell cookies, there would be a performance rights problem.

I'm not making a statement about music festivals, buskers or the Girl Scouts. I'm not questioning the legitimacy of performance rights fees. I'm just seeking clarification about performance rights fees as they apply to public performance in public areas.

[The Watchman]

I was just responding to the idea of the city "hosting" buskers by allowing them. My point is that the city has to allow them, but is not responsible for them. Not a social commentary at all.

[rllink]

Originally Posted by 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?

I've been told that the downtown business association has paid the fees and have permission, or license, or whatever you call it, and that covers the farmer's market, the art festival, and all the street festivals that they sponsor, including the downtown music walk where musicians are on the streets, but also inside many of the downtown businesses. So they have some kind of blanket permission.

I also know that if someone shows up to said festivals to busk and have not applied to do so with the downtown business association, that they are asked to leave. I don't know how much teeth the business association has to enforce that issue. I mean, they do have paid the fees and have the permission. I'm not sure how they can have all of downtown, but I'm not really knowledgeable of the ins and outs of it. In the past I've always signed up with them in the spring, but I know people who have just showed up at the farmer's market and gotten moved off Mainstreet.