Bringing Art to the People… or, just do it!

The Buffalo Busker
Buffalo, New York
copyright: 1999 by G.F. Mooney
FREE, Donations accepted
E-MAIL: buffalobusker@hotmail.com
May 1, 1999
Volume I, Number I
Re-issue: July 24, 2009; May 26, 2011.  copyright c. renewed 2009, 2011 by G.F. Mooney

Bringing art to the people… or, just do it.
by Gary Mooney

What a perfect world this would be if every musician and artist could simply set up any street and make enough money to live comfortably.

No auditions.
No rejection.
No negotiating contracts for too little money.

Just set up, and watch the gifts roll in. What a dream for the serious musician.

It is possible. Many musicians do it every day. It is called Busking, or Street Performing. It is legal and can be quite fruitful.

The street performer takes his art directly to the people. By doing this he bypasses the middleman. There is no agent to cut in; no club owner needed to sell beverage for profit. The performer does not have to edit or design his program to the taste or whim of an employer. The public is his only critic. His vote of confidence is measured by the size of each contribution to his hat.

Troubadours of the past, like today’s Buskers, would travel to a town unannounced, present their performance, and then pass a hat around to those who stayed and enjoyed the show. Before the days of mass media and electronic communication  (radio and television), such streets performers were the only entertainment available to much of the populace.

 

In the United States busking is classified a free-speech activity. Thus, street performers are protected by the first amendment of the U.S. constitution. This has been proven out in federal courtrooms across the country.

I, myself, have performed in various cities across the U.S. having encountered both support and resistance to my chosen profession. I twist balloons, play musical instruments and entertain the public in public places. I do not charge a price or fee on the street. I work only for tips, or love offering.

The greatest obstacle to overcome is what I call “merchant envy.” Storeowners have to pay for overhead such as rent, utilities and new product. Merchants often cannot relate to the concept of a voluntary donation for services rendered without charge. These merchants call it “begging.” I call it the “Gift of Love.”

First, buskers are artists. They provide an entertainment service both unsolicited and without charge. The street performer wants to bring his art to the people. He may also have a reasonable hope that the public, as a whole, will reciprocate in a tangible way. Hence, a hat, open instrument case or other receptacle is on hand for the voluntary donation of cash or property.

If the performer is good, he may receive many gratuities. The merchants will see money going into the hat. These shopkeepers may assume that this money could be going into their cash register, especially if business has been slow.

I have had hired security guards and business managers claim that they own the sidewalk in front of their building. Of course, they do not own the public sidewalk, but often they truly believe that they have a right to remove an artist from the street. That is when they threaten to call police.

The Buffalo City Code prohibits the police from removing licensed buskers from a public place:

§ 319-8(B): General restrictions on performances/ Passage of pubic.   

“…The commissioner of police is hereby authorized to disperse a crowd or portion thereof which is blocking the passage of the public but shall not order the licensee to quit the location absent a violation of this Code or other statute, rule or regulation.”

The Buffalo Police have been mostly supportive. I show them my license and the challenge is passed, and past. The police have even helped me when shop-owners harassed me on the street. 

Dealing with the police is a good thing to do, if you are prepared for the challenge. Buskers are uncommon in many areas. An officer may mistake a street performer for a vendor. Such confusion has been defined in courtrooms and should be explained to police if a complaint occurs.

In short: if you demand payment of any type you are a vendor, and are subject to any laws, ordinances and sales tax liabilities of a vendor. If you re-sell tapes for a profit you are a vendor.

If you do not demand payment, or if you give free copies of your work you are protected by the artistic expression interpretation of the First Amendment, so long as such expression does not impart an imminent evil or present and immediate threat to public health, safety or welfare.

The public is allowed to leave gratuities (tips) if they wish. This is their right to express appreciation for your art.

The best areas for a performing artist to set up are those public areas with a high level of pedestrian traffic. Busy streets are good if sidewalks will permit an audience to stand and watch. Setting up at or near a public festival can find an effective audience.

Unfortunately, private developers are absorbing the best locations for street performing. The public street of shops are losing business as privately owned shopping malls take away their customers. Such malls have their own parking areas within their own private property footprint.  They do not permit buskers to perform on their property.  An artist on the public right of way is shielded from his audience as they drive across the sidewalk to find the parking space closest to the building.

Street Performing in the city of Buffalo is regulated by City Code Chapter 319. A complete copy of this ordinance may be obtained from the City Clerks Office, the Buffalo Public Library (and is now available on the city’s web-site.) This ordinance states, in part, that the City of Buffalo shall license Street Performers. This license must be on display while performing. This license is obtained from the city (Commissioner of Permit and Inspection Services) in Buffalo City Hall. The licensing fee is $10.50 (ten dollars and fifty cents) for one year.

I support the licensing of street performers, if the licensing scheme meets constitutional guidelines. A professional license indicates some level of artistic proficiency. It assumes the licensee knows the rules and regulations with regard to his profession. Absent these controls such a licensing scheme is an abuse of power by government (and violates the First Amendment, U.S. Constitution.)

Link to Buffalo City Code Chapter 319:
http://www.e-codes.generalcode.com/codes/1237_A/1237-319.pdf#xml=http://www.e-codes.generalcode.com/searchresults.asp?cmd=pdfhits&index=1237_A&filename=1237-319.pdf&fn=E:\siteinfo\ecodes\codebooks\1237_A\1237-319.pdf

When applying for your Buffalo Street Performers License the clerk must provide you with a copy of this ordinance. If they do not, they are in violation of law.
§ 319-5: Information to be furnished to licensees.  

All licensees shall be furnished a copy of this chapter, together with a list of areas and places where performances are restricted.

The Division of Licenses has never provided me this document (as required by law) without my first requesting it and has diverted me to other City departments to request this information. No list of restricted places has ever been produced in writing, to my knowledge.

So, if you love your art– take it to the people without charge. You will be surprised at how rewarding it can be.

Are you an entertainer/ musician with street experience?

Have you been hassled while exercising you First Amendment Rights of Free Speech?

SHARE YOUR STORIES !!!!!

Buffalo Busker Newsletter.  c/o Gary Mooney, 2316 Delaware Ave. #181, Buffalo, NY, 14216

POST YOUR COMMENTS HERE

And check out: www.YouTube.com/buffalobusker

And check out: www.YouTube.com/MooneyGary