Editing Street performance (section)

== Legislation ==
{{See also|Street performing (U.S. case law)}}

[[File:Buskers no amplification allowed - sign in tourist area of Edinburgh in Scotland advises buskers that guitar amplifiers and PA speakers are not allowed.jpg|thumb|A sign in a tourist area of Edinburgh, Scotland, advises buskers that guitar amplifiers and PA speakers are not allowed.]]

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.<ref>(Cohen and Greenwood 1981: 14) Smith, Murray (1996). [http://cjtm.icaap.org/content/24/v24art3.html Traditions, Stereotypes, and Tactics:: A History of Musical Buskers in Toronto]. cjtm.icaap.org; ''[[Canadian Journal for Traditional Music]]''. Retrieved 2010-06-10.</ref><ref>
Blue, Niceol (27 June 2006). [http://www.pikemarketbuskers.org/busking.html A History of Busking] {{Webarchive|url=https://web.archive.org/web/20060615034839/http://www.pikemarketbuskers.org/busking.html |date=15 June 2006 }}  Pike Market Performer's Guild. Retrieved 2010-06-11.
</ref> [[Louis the Pious]] "excluded ''[[jester|histriones]]'' and ''[[clown|scurrae]]'', which included all entertainers without noble protection, from the privilege of justice".<ref>(Krickeberg 1983 : 24). Smith, Murray (1996). [http://cjtm.icaap.org/content/24/v24art3.html Traditions, Stereotypes, and Tactics:: A History of Musical Buskers in Toronto]. cjtm.icaap.org; ''[[Canadian Journal for Traditional Music]]''. Retrieved 2010-06-10.</ref> In 1530 [[Henry VIII of England|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.<ref>(Krickeberg 1983 : 62. Smith, Murray (1996). [http://cjtm.icaap.org/content/24/v24art3.html Traditions, Stereotypes, and Tactics:: A History of Musical Buskers in Toronto]. cjtm.icaap.org; ''[[Canadian Journal for Traditional Music]]''. Retrieved 2010-06-10.</ref><!-- yes this belongs in split cite/ref format -- Lexein. See Discussion.-->

In the United States under [[constitutional law]] and most European [[common law]], the protection of [[artistic]] [[free speech]] extends to busking. In the U.S. and many countries, the designated places for free speech behavior are the public [[park]]s, streets, [[sidewalk]]s, [[thoroughfare]]s and [[town square]]s 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.<ref name="autogenerated1">[http://funandmagic.com/decision.pdf Berger v. Seattle, C03-3238JLR] (PDF). Decision, U.S. District Court, Western District of WA at Seattle, 22 April 2004. Retrieved 2010-06-11.</ref>

While there is no universal [[code of conduct]] for buskers, there are common law practices that buskers must conform to. Most jurisdictions have corresponding [[statutory laws]]. In the UK busking regulation is not universal with most laws (if there are any) being governed by local councils.<ref>{{cite news|title=Who, what, why: Where is the hardest place in the UK to be a busker?|url=https://www.bbc.co.uk/news/blogs-magazine-monitor-28112716|access-date=9 October 2014|work=BBC News|date=July 2014|last1=Why|first1=Who}}</ref> Some towns in the British Isles limit the licenses issued to bagpipers because of the volume and difficulty of the instrument.{{Citation needed|date=September 2010}} In Great Britain places requiring licenses for buskers may also require auditions of anyone applying for a busking license.{{Citation needed|date=September 2010}} Oxford City Council have decided to enact a [[public spaces protection order]]. Some venues that do not regulate busking may still ask performers to abide by voluntary rules. Some places require a special [[License|permit]] to use electronically amplified sound and may have limits on the [[Loudness|volume]] of sound produced.<ref>{{cite web|url=http://411newyork.org/guide/2007/07/16/street-performances-in-new-york/ |title=Street Performances in New York |publisher=411newyork.org |date=16 July 2007 |access-date=2012-07-19}}</ref> 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 [[endangerment|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 area of the City of London. The [[London Underground]] provides busking permits for up to 39 pitches across 25 central London stations.<ref>[https://tfl.gov.uk/corporate/about-tfl/culture-and-heritage/busking Transport For London, Busking]</ref> Most London boroughs do not license busking, but they have optional powers, under the [[London Local Authorities Act 2000]], if there is sufficient reason to do so. Where these powers have not been adopted, councils can rely on other legislation including the [[Environmental Protection Act 1990]] to deal with noise nuisance from buskers and the [[Highways Act 1980]] to deal with obstructions. Camden Council is currently looking into further options to control the problem of nuisance buskers and the playing of amplified music to the detriment of local residents and businesses.<ref>{{cite web|url=http://www.london-insider.co.uk/2010/02/busking-in-london-explained-guide/|title=The Big Busk: London Busking Explained|author=Appleton, Natalie|date=7 February 2010|publisher=The London Insider|access-date=2010-06-15|archive-url=https://web.archive.org/web/20100213044505/http://www.london-insider.co.uk/2010/02/busking-in-london-explained-guide/|archive-date=13 February 2010|url-status=dead}}</ref>

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:<ref name="CigarBurns">
[http://www.cigaraficionado.com/Cigar/CA_Profiles/People_Profile/0,2540,3,00.html The Ultimate Cigar Aficionado: Ninety-eight-year-old George Burns Shares Memories of His Life] {{Webarchive|url=https://web.archive.org/web/20100307054715/http://www.cigaraficionado.com/Cigar/CA_Profiles/People_Profile/0,2540,3,00.html |date=7 March 2010 }} , article and interview by Cigar Aficionado Online
</ref>

{{quote|Sometimes the customers threw something in the hats. Sometimes they took something out of the hats. Sometimes they took the hats.}}