Street Performance - Legislation

Legislation

The first recorded instances of laws affecting buskers were in ancient Rome in 462 BC. The Law of the Twelve Tables made it a crime to sing about or make parodies of the government or its officials in public places; the penalty was death. Louis the Pious "excluded histriones and scurrae, which included all entertainers without noble protection, from the privilege of justice". In 1530 Henry VIII ordered the licensing of minstrels and players, fortune-tellers, pardoners and fencers, as well as beggars who could not work. If they did not obey they could be whipped on two consecutive days.

In the United States under Constitutional Law and most European common law, the protection of artistic free speech extends to busking. In the USA and most places, the designated places for free speech behavior are the public parks, streets, sidewalks, thoroughfares and town squares or plazas. Under certain circumstances even private property may be open to buskers, particularly if it is open to the general public and busking does not interfere with its function and management allows it or other forms of free speech behaviors or has a history of doing so.

While there is no universal code of conduct for buskers, there are common law practices which buskers must conform to. Most jurisdictions have corresponding statutory law. In Great Britain free speech and busking can be regulated. Some towns in the British Isles limit the licenses issued to bagpipers because of the volume and difficulty of the instrument. In Great Britain places requiring licenses for buskers may also require auditions of anyone applying for a busking license. Some venues that do not regulate busking may still ask performers to abide by voluntary rules. Some places require a special permit to use electronically amplified sound and may have limits on the volume of sound produced. It is common law that buskers or others should not impede pedestrian traffic flow, block or otherwise obstruct entrances or exits, or do things that endanger the public. It is common law that any disturbing or noisy behaviors may not be conducted after certain hours in the night. These curfew limitations vary from jurisdiction to jurisdiction. It is common law that "performing blue" (i.e. using material that is sexually explicit or any vulgar or obscene remarks or gestures) is generally prohibited unless performing for an adults-only environment such as in a bar or pub.

In London, busking is prohibited in the entire borough of the City of London. The London Underground provides busking permits in tube stations, and many London boroughs allow busking by permit. The only borough in London permitting busking without a permit is Camden.

Buskers may find themselves targeted by thieves due to the very open and public nature of their craft. Buskers may have their earnings, instruments or props stolen. One particular technique that thieves use against buskers is to pretend to make a donation while actually taking money out instead, a practice known as "dipping" or "skimming". George Burns described his days as a youthful busker this way:

Sometimes the customers threw something in the hats. Sometimes they took something out of the hats. Sometimes they took the hats.