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House concerts and the law.
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House concerts and the law. |
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Subject: House concerts and the law. From: The Shambles Date: 29 Dec 01 - 05:01 AM The following thread will explain what the concept is, I would like to concentrate in this thread on the legal aspects of this, in various parts of the world. As in the UK the concept although attractive would present many legal problems. |
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Subject: RE: House concerts and the law. From: Mr Red Date: 29 Dec 01 - 11:21 AM I know of two UK venues locally. One is a singaround and without a charge on the door it is a party and I think you could mobilize a fair percentage of the public if any jobsworth tried preventing house parties. But they are concerned. the other is at the home of a well paid guy who in effect funds it but does ask for contributions. A patron of the arts in the traditional mould a legal minefield but a focus for civil displeasure in the event of council attention. No alcohol is sold and being fairly modest it would be an extreme event to elicit even a civic "tut tut". If licenced victuallers of this land insist on being fickle and dis-interested in small but steady trade then the tradition of family & friends singing around the piano will see a renaissance. |
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Subject: RE: House concerts and the law. From: Art Thieme Date: 31 Dec 01 - 07:44 PM Being from the old folkie school in the U.S.A., where we all (performers and presenters alike) pretty much did all our flying by the seat of our pants, and we ate and lived hand-to-mouth to boot, the unspoken working phrase and motto was, "IT IS EASIER TO GET FORGIVENESS THAN PERMISSION." I guess it wasn't very practical, but it sure was a marvelous ride. Art Thieme |
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Subject: RE: House concerts and the law. From: Amos Date: 31 Dec 01 - 08:06 PM Art, Living hand to mouth to boot is only a tradition amongst those suffering from foot-in-mouth disease, I believe. Merriest of new years to you, by the way. I am proud to call you an acquaintance and to consider you a friend, no matter how rarely we have met (a number somewhere between zero and one). :>) Regards, Amos |
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Subject: RE: House concerts and the law. From: GUEST Date: 01 Jan 02 - 01:05 AM Given the specific particulars and the clues left in your previous threads....we WILL catch you Mr. Red, in the Library, with a lead pipe.
Mr. Green |
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Subject: RE: House concerts and the law. From: marty D Date: 01 Jan 02 - 01:30 AM My family and I have hosted a house concert this year, and certainly felt no need to get anyone's permission. Hard to think just how small minded official authorities can be. Guess it beats dealing with real law-breakers. marty |
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Subject: RE: House concerts and the law. From: Art Thieme Date: 01 Jan 02 - 01:39 PM Amos, I JUST GOT IT ! Cute. And the same to you. A fine year to you. Do I really know you? Hope so. I admire your inputs here. Art |
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Subject: RE: House concerts and the law. From: Mr Red Date: 01 Jan 02 - 03:07 PM met somewhere between zero & one........ a virtual number - that would be the Mudcat. |
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Subject: RE: House concerts and the law. From: Mr Red Date: 01 Jan 02 - 03:28 PM Sorry Guest I wuz neva in thu Library - you can't book me, I have the gun so watch out AND I cut through the tunnel straight to the music room. oh! whatagiveaway.. |
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Subject: RE: House concerts and the law. From: Uncle_DaveO Date: 02 Jan 02 - 10:59 AM Art, your clicky for advice gives me nothing but a white screen and "Document Done". Dave Oesterreich |
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Subject: RE: House concerts and the law. From: Art Thieme Date: 03 Jan 02 - 12:11 AM Dave, That link for info. was put up by Shambles, not me. It seems to work now--so try again. Art |
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Subject: RE: House concerts and the law. From: Bennet Zurofsky Date: 03 Jan 02 - 11:07 AM As an attorney, I can only ratify Art Thieme's advise: "it is easier to get forgiveness than permission." If you worry about every possible legal liability you will never do anything. If some one calls upon you after the fact, then you will probably be able to work out some reasonable solution. In my experience, no legal authority is going to bother anyone who occasionally puts on a house concert, whether or not they charge at the door. Trouble may develop, however, if you turn your home into a regular venue for performance. ASCAP and BMI almost never bother with one shot deals, but they are very interested in ongoing series of concerts. Even more to the point, neighbors may get upset from the regular noise and congestion in an area zoned to be residential and may sic the authorities on you. Local bars and clubs may see you as competition and may also sic various authorities on you. Are you serving alcohol without a license? Is your house zoned for this sort of use? Do you need a cabaret license? Are all of your guests parked legally? Etc. There is one thing that should concern you even if you are only doing an occassional house concert in your home, and that is liability for personal injuries. If your event is occassional, or a benefit, or with all of the gate going to the performer, your homeowner's insurance would likely treat it as a party and you would therefore be insured against this risk. If it starts to look like a commercial effort, however, your homeowner's policy will probably deny coverage. Insurance coverage is important because you may well be responsible under local tort law if someone is injured in your home. Accordingly,if you are holding a house concert be sure that you maintain your premises in a safe condition for your guests. You should also be very careful with alcohol or "other intoxicants." If someone does someone else harm while in an inebriated state arising from alcohol that you provided, then you may well be liable under "bartenders liability" statutes or tort doctrines. As to "other intoxicants," the more that you open your home to the public, the less sure you can be that some of those present will not disclose to the authorities that which you would otherwise expect to have been kept private. -Bennet D. Zurofsky, Esq. |
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