Music publishers and songwriter Swizz Beatz filed a federal copyright infringement lawsuit this week against BoatYard Lake Norman, a North Carolina entertainment venue, alleging the unauthorized public performance of copyrighted music. The plaintiffs, including Universal Music Corp., claim the venue ignored repeated licensing outreach from the American Society of Composers, Authors and Publishers (ASCAP) and continued to play protected works, including the DMX hit “Party Up (Up in Here).”
Why are venues being sued for copyright infringement?
Under the U.S. Copyright Act, establishments must obtain public performance licenses to play copyrighted music for patrons. When a venue hosts live bands, DJs, or uses streaming services for public entertainment, it is legally required to compensate the songwriters and publishers who own the music. According to ASCAP, the industry-standard process involves notifying venues of their legal obligations and offering licensing agreements. When venues refuse these offers but continue to play the music, copyright holders often turn to federal litigation to secure performance royalties.
What is the specific case against BoatYard Lake Norman?
The lawsuit, filed in the U.S. District Court for the Western District of North Carolina, alleges that BoatYard Lake Norman and its owner, Chris Boukedes, performed copyrighted compositions without authorization. Plaintiffs cite specific tracks, including “Party Up (Up in Here),” “Jump Around,” “Party All the Time,” and “Shut Up and Dance.” According to the legal complaint, ASCAP representatives attempted to resolve the matter through multiple phone calls, emails, and mailed correspondence over an extended period. The plaintiffs allege that the defendants rejected these license offers while continuing to feature the protected songs during business operations.
What are the potential consequences for the venue?
The plaintiffs are seeking statutory damages of up to $30,000 per infringed work, along with permanent injunctive relief to prevent further unauthorized performances. Statutory damages under federal copyright law are designed to act as both compensation for the artists and a deterrent against future infringement. Similar enforcement actions were filed by ASCAP-affiliated songwriters and publishers against multiple venues nationwide this week. Stephanie Ruyle, ASCAP Executive Vice President of Licensing, stated that these lawsuits follow a pattern where establishments choose to bypass licensing requirements despite being provided with repeated opportunities to comply.
How does this compare to standard licensing practices?
Most bars, restaurants, and nightclubs operate under blanket licenses provided by Performance Rights Organizations (PROs) such as ASCAP, BMI, or SESAC. These licenses allow a venue to play a vast catalog of music in exchange for an annual fee.
| Feature | Licensed Venue | Infringing Venue |
|---|---|---|
| Legal Status | Compliant with Copyright Act | Subject to statutory damages |
| Music Access | Full access to PRO catalogs | Risk of litigation per song |
| Royalties | Distributed to songwriters | Denied to creators |
The current litigation highlights the financial risk venues face when they operate without these agreements. While a licensing fee represents a recurring operational cost, the potential legal penalties—often reaching tens of thousands of dollars—can significantly exceed the cost of the original license.