Do Street Musicians and Subways Performers Need a Permit?
The legal requirements for street musicians and subway performers vary widely depending on the city or area where they wish to perform. While some places do not require permits, others mandate them to regulate noise levels, ensure public safety, and manage public space usage.
Local Regulations and Permit Requirements
Street performers, also known as buskers, typically need a permit or license to perform in public spaces. This is to maintain order and ensure that performances meet certain standards. Similarly, subway systems may issue permits to musicians, but these can vary depending on the transit authority in charge.
Examples of Regulations by City
New York City
In New York City, street performers generally do not need a permit if they are not using amplification and are not obstructing pedestrian traffic. However, subway performers must audition for a permit through the Metropolitan Transportation Authority's (MTA) Music Under New York program.
San Francisco
In San Francisco, buskers need a permit to perform in designated areas, and the city has specific regulations regarding performances in public spaces.
Los Angeles
In Los Angeles, street performances require a permit in many areas, and the rules can vary significantly by neighborhood.
For accurate information, it's best to check the local regulations of the specific city or transit authority where the performance will take place. The following sections will explore more on the specifics of what is required and what is allowed.
Performing in the Subway
The Role of Amplification
Amplification can change the nature of the performance and thus the regulatory requirements. If you have an amplifier, you need an amplification permit. But if you are just singing with your guitar, you usually don't. Be aware that performing inside the subway and on the platforms is generally not allowed, although some musicians are flexible and get away with it. However, random fines from the NYPD can quickly become expensive.
Music Under New York (MUNY)
There is an official program called Music Under New York (MUNY) that musicians can audition for. If accepted, they can perform at the best locations with the MTA's official sanction. However, you don't have to belong to MUNY to perform in the subways, and MUNY is not the same as getting a permit.
Legal and Ethical Considerations
According to the laws, anyone can perform publicly with acoustic instruments on subway platforms and with amplification on the mezzanines upstairs from the platforms. However, performing on trains is not allowed. The key distinction is between performing and explicitly asking for money, which is considered selling something.
Performances can be considered unofficial donations if people voluntarily put money in your case while listening. However, if you are openly asking for money or have a stack of merchandise for sale, you may be violating laws.
There is also the No Selling Without a Permit rule, but the specific charges can vary. NYPD officers have the authority to enforce these rules, and their decision can affect your performance. If the NYPD decides to eject you, the decision can be made based on judicial standards or local customs.
From personal experience, most policemen in New York City are generally lenient if you’re not in the way, not too obnoxious, and not selling anything. Occasionally, a cop may come over and ask you to stop due to their own preferences, but most people will tolerate isolated performances.
Conclusion
The legal landscape for street musicians and subway performers is quite varied and depends on the city or area. While some places strictly regulate performances, others offer more leniency. Understanding the specific regulations in your area is crucial, and being aware of the different permit requirements can help you navigate the complexities of public performance.