The Mudcat Café TM
Thread #77076   Message #1404551
Posted By: GUEST,Guest - Mally
10-Feb-05 - 10:29 AM
Thread Name: Obit - Samuel Smiths and LIVE music
Subject: RE: Obit - Samuel Smiths and LIVE music
Still digesting all of this, and as someone who believes in the right to make music as a basic human expression, all this stuff makes my blood boil. What have we come to?

Does anyone know if the freedom to express oneself musically/artistically/traditionally comes within the scope of the European Convention on Human Rights, or whether this has ever been tested? Article 10 says the following:

QUOTE

Everyone has the right to freedom of expression. this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

UNQUOTE

Is there is any possibility that the right to freedom of expression, to impart (traditional/musical/artistic) ideas, might come under the scope of this?

Sorry if this is a red herring, or if it has been discussed and dismissed elsewhere, but like Cod Fiddler, I reckon that the issues here go far deeper than examining the small print of the legislation and PRS rules. Once you get bogged down in discussing the detail you're missing the wider picture.

Mally
Sandbach