Street Performers and Their Rights Under the Street Performance Law
Street performance or street bazaar is the act of entertaining people in public locations for various social or religious purposes. In most countries, the profits obtained from street performance are usually in the form of cash but other compensations including food, drinks or other gifts can also be given. Street performance has been performed since ancient time and dates back to antiquity. A number of troupe artists have gained stardom in their performances which have won several awards at various occasions. This art form has reached new heights in popularity these days with the increasing number of youngsters taking to this art form. Street performers make their way to popular places and perform for a number of people.
Performing arts in public areas requires the permission of the local government. However most of the activities carried out by street performers do not require the same. The performance could be conducted during hours when the permission is not in existence, but they will perform anyway if the permit is not available. Performances which are conducted in areas where permits are not available are called an unpermitted performance.
Street Musicians or buskers earn a living through the revenue they generate by performing for hours on end in front of crowds. They need to make a continuous effort to keep people interested by keeping the crowd awake and entertained. They are mostly itinerant performers who travel from place to place entertaining the locals. They can perform for hours at a time, sometimes even up to ten hours at a time. Many countries have strict laws against street performers and some countries have developed elaborate laws about busking that severely punish those who violate them.
Permits Buskers must obtain a license before they can perform. Performers who work within the city limits must have a permit but they are not required to get a permit for outside performances. Permits are easily available at the city hall or at the pearl street mall. Performers usually pay a small fee to secure the right to perform within the mall.
Preliminary injunction Most cities have a board of hearing officers, which are responsible for deciding whether or not street performers are being abused their rights. If a final decision has not yet been made by the hearing officer, the preliminary injunction may be filed. A preliminary injunction can block any performances until the outcome of the hearing is made. No date has to be set for the preliminary injunction as long as the preliminary injunction is valid.
Protection from prosecution In addition to an injunction, some cities provide protection to street performers by setting up a protective shield around the area. A shield protects the performer and ensures their artistic expression remains protected even if it is being damaged by nearby structures or passersby. This can help ensure that the right type of work can still take place in the area.
Musical shield The musical shield requires the approval of a three-way board of directors consisting of at least one artist, one music director and one music buyer. Musician’s attorneys will work with these three individuals to create the musical shield. The musical shield can also be filed with the county if the street performance takes place on a private property. The protection offered by the musical shield does not extend to any public entertainment, such as plays or nightclubs. However, the musical shield does help protect street performers from potential prosecution for criminal activities that might be related to their artistic expression.
The ultimate goal of ensuring the legal rights of street performers is to ensure that they continue to have access to a full slate of venues for their artistic expression. It is important to remember that performers are not law enforcement officials. If a police officer senses that a performer is engaging in criminal activity, the performer could lose their constitutional rights. These rights are part of the First Amendment. Misdemeanors and infractions can be prosecuted even if the activity does not take place on public property.