Hip-hop producer Swizz Beatz and a group of music publishers have filed a federal lawsuit against a North Carolina entertainment venue, alleging the unauthorized public performance of copyrighted music, including the DMX hit “Party Up (Up in Here).” The complaint, filed in the U.S. District Court for the Western District of North Carolina, names the BoatYard Lake Norman venue and its owner, Chris Boukedes, as defendants in a case centered on the failure to secure necessary performance licenses.
The legal action, which involves multiple plaintiffs including Universal Music Corp., seeks statutory damages of up to $30,000 per infringed work, alongside injunctive relief to prevent further unauthorized use of protected compositions. According to court filings, the plaintiffs assert that the venue continued to play music from the American Society of Composers, Authors and Publishers (ASCAP) repertory despite repeated attempts by the organization to negotiate a licensing agreement.
The Legal Dispute Over Performance Rights
At the heart of the litigation is the requirement under the U.S. Copyright Act that venues obtain public performance licenses to play copyrighted music. ASCAP, a performing rights organization, acts as an intermediary, collecting fees from businesses and distributing them as royalties to songwriters, composers, and publishers. The lawsuit alleges that BoatYard Lake Norman ignored years of outreach, including telephone calls, emails, and mailed correspondence, intended to bring the venue into compliance.
“ASCAP has contacted Defendants by telephone, by mail, and by e-mail,” the complaint states. The plaintiffs argue that despite these communications, the venue refused all licensing offers while continuing to host events featuring copyrighted music. In addition to the DMX track “Party Up (Up in Here),” the complaint cites other songs, such as “Jump Around,” “Party All the Time,” and “Shut Up and Dance,” as works performed without authorization.
ASCAP’s Nationwide Enforcement Strategy
This lawsuit is part of a broader series of enforcement actions initiated by ASCAP-affiliated songwriters and publishers against various establishments across the United States. Stephanie Ruyle, Executive Vice President of Licensing at ASCAP, stated that these venues were provided with multiple opportunities to rectify their licensing status before legal action was taken.
“Each of the establishments sued today has chosen to infringe upon the hard work of songwriters instead of licensing the music they play, despite repeated notifications and opportunities to do so,” Ruyle said in a public statement regarding the recent filings. The strategy reflects an ongoing effort by rights holders to ensure that music creators receive compensation for the commercial use of their intellectual property in public spaces, such as bars, restaurants, and clubs.
Financial Consequences for Venue Owners
The plaintiffs are seeking statutory damages under the Copyright Act, which allows for awards ranging from $750 to $30,000 per work for non-willful infringement, and up to $150,000 per work if the infringement is proven to be willful. By naming both the venue and its owner, the lawsuit targets the entities responsible for the establishment’s operational policies.
For business owners, these cases highlight the necessity of maintaining valid performance licenses. When a venue hosts live music or utilizes recorded tracks for public entertainment, it is legally obligated to account for the intellectual property rights of the creators. Failure to do so can result in significant financial penalties and legal fees, as seen in this latest federal filing in North Carolina.
Next Steps in the Federal Litigation
The case is currently pending in the U.S. District Court for the Western District of North Carolina. The next procedural steps will involve the defendants filing a formal response to the allegations outlined in the complaint. Should the matter proceed to trial, the court will evaluate evidence regarding the duration of the alleged infringement and the venue’s history of communication with ASCAP.
As the legal process unfolds, industry observers and venue owners will likely monitor the outcome for its potential impact on how music licensing is managed in the hospitality sector. Those interested in the status of the case can track future filings through the Public Access to Court Electronic Records (PACER) system using the appropriate case number once assigned. Readers are encouraged to share their thoughts on the balance between supporting creative artists and the operational costs of small businesses in the comments section below.