As permanent as the grass
I pass
Or the birds that sing,
Is this thing
I am,
Merely man.
Tag Archives: poems
Vampiress
A vampiress,
Far from dead
Slips
Out of her dress
So red,
Bringing delight
With nips
At night
Public performance of copyright works by performers (other than the copyright owner)
A couple of days back, as I crossed London’s Victoria Street, the strains of Adele’s “Hello” reached my ears, https://www.youtube.com/watch?v=YQHsXMglC9A.
No, the song wasn’t being played by the artist herself, but by a busker and he was playing it extremely well on an electric violin. On hearing the music my first thought was “this busker has talent” (as indeed he had). However, as a poet (and as someone who holds the copyright to my own work), my second thought was “how does copyright work in such situations? does the busker require the explicit permission of the person who’s music they are playing?”
In search of an answer to the above questions I turned to Mr Google. The gov.uk website advises that busking is not illegal in England and Wales and explains that a licence may be required to busk, https://www.gov.uk/busking-licence. Nowhere on the webpage is there an explanation as to whether the licence simply provides a permission to busk, or whether such permission also extends to the right to play copyright works of living artists.
The Copyright Licencing Agency is more helpful and states:
“The main works currently protected by copyright in the UK include:
Original literary works (such as novels, poems, tables, lists, and computer programmes)
Original dramatic works
Original musical works (i.e. the musical notes themselves)
Original artistic works
Sound recordings
Films
Broadcasts
Typographical arrangements (i.e. the layout or actual appearance) of published editions”, (https://www.cla.co.uk/what-is-copyright).
I was, of course aware that my work (as a poet) is protected by copyright, and its my understanding that anyone wishing to perform my poems in public would need to gain my explicit permission in writing prior to doing so. I am, however still somewhat vague as regards the rules on busking. Does anyone know whether in addition to obtaining a licence to busk, whether the musician/performer needs to obtain written permission from the entity who’s art they wish to perform?
Of course the argument can be made that the artist who’s work is being performed (by others) is gaining free publicity and this may help to enhance their visibility and/or the sale of their work. There may be some truth in this perspective (particularly if the busker/performer is of a high quality), however copyright (rightly) exists to protect the rights of copyright owners and ought not to be breeched. The copyright owner is entitled to his/her pound of flesh/money, unless they choose to wave such rights in specific (or all) instances.
(Please note, I have no reason to believe that the person busking was doing anything illegal and given the highly public nature of the place of their performance I feel sure that they possessed all the necessary permissions).
Kevin
There Was A Young Man Named Frank
There was a young man named Frank
Who, on being ordered to walk the plank
Said, “I am washing my hair
And there is deep water down there!
So I’d rather not walk the plank!”.
—
There was a young man named Frank
Who, on being ordered to walk the plank
Said, “I shall obey your command,
But we are on dry land,
So what is the point of the plank?”
There Was A Young Lady Named Lizzie
There was a young lady named Lizzie
Who was always so terribly busy.
Well that’s what she said,
But she was often in bed,
That mendacious young lady named Lizzie!
My Shadow Falls
My shadow falls,
On the pavement,
In the sun,
And when the sun goes down
And the world in darkness does drown,
I and my shadow
Will be done.
Music for a Dying Civilisation
Music for a dying
Civilisation, followed me along London’s Victoria Street.
Then, lost amidst a myriad hurrying feet,
It’s sighing,
Gradually died away.
A Man of the World Looks Back
I remember the first time.
Not quite a one night stand
For I saw
Her at least once more
And write this rhyme
To set down what was not
Quite the first time,
But, for better (or worse)
She was the first
Of her kind.
I shall say no more
For to bore
Is rude
And this rhyme
About another kind
Of first time
May be viewed
As boring and crude
By those who
Through their Pangloss glasses
See only pure
Unboring lasses
A Professional Tease
A professional tease
Paid to please
Is she
And he pretends
The women you see
Are his girlfriends.
While the smile
On her lips
Never slips
When A Young Man Named Keith
When a young man named Keith
Said, “love, ’tis often brief”,
His girlfriend Lou
Said, “that’s true,
You have already finished Keith!”.