In a significant legal move, the American Society of Composers, Authors and Publishers (ASCAP) has initiated a nationwide crackdown on copyright infringement, targeting over a dozen venues across the United States. Among these is Bud’s Rockin’ Country Bar & Grill in Evansville, which stands accused of unauthorized public performances of copyrighted musical works. The lawsuit highlights the ongoing challenges faced by music rights organizations in ensuring proper licensing and compensation for artists.
In the heart of Evansville, Indiana, Bud’s Rockin’ Country Bar & Grill, located at 2124 W. Franklin Street, has become a focal point in a broader battle over music licensing. On a chilly Monday, a federal lawsuit was filed against the establishment by several ASCAP members, including House of Bram, Little Nemo Music, and Major Bob Music. The complaint alleges that Bud’s allowed unlicensed performances of copyrighted songs during its business hours, specifically on December 19th. The named defendants include Kerry Chesser Jr., Chad Brady, Mikala Daly-Shemwell, and Franklinsteins LLC, the parent company of Bud’s.
The lawsuit centers on three songs performed at the bar: “It’s a Great Day to Be Alive,” “Small Town Saturday Night,” and “Much Too Young (To Feel This Damn Old).” According to court records, ASCAP representatives made over 70 attempts to contact Bud’s management regarding the unlicensed use of music over several years. Despite these efforts, the venue allegedly refused all license offers. ASCAP seeks a permanent injunction to prevent further unauthorized performances and is requesting statutory damages ranging from $750 to $30,000 per song.
Stephanie Ruyle, ASCAP’s executive vice president and head of licensing, emphasized that venues have been given multiple opportunities to comply with licensing requirements. She stressed that U.S. copyright law mandates businesses compensate creators for their work, and ASCAP plays a crucial role in ensuring this happens. Typically, bars and restaurants pay less than $5 per day for licenses that grant them access to an extensive catalog of music.
As of Wednesday, no legal representation had entered an appearance on behalf of the defendants, and attempts to reach Bud’s for comment were unsuccessful.
From a journalistic perspective, this case underscores the importance of adhering to copyright laws and respecting the intellectual property of artists. It serves as a reminder to all businesses that using music without proper licensing not only risks legal action but also undermines the livelihoods of those who create it. The outcome of this lawsuit could set a precedent for future enforcement actions, reinforcing the need for transparency and compliance in the music industry.