ATTORNEY STEVE® – CALL US IF YOU NEED HELP DEFENDING AGAINST ASCAP MUSIC LICENSING CLAIMS OR COPYRIGHT INFRINGEMENT LAWSUITS – (877) 276-5084

INTRODUCTION

Businesses across the United States continue to face enforcement actions from performing rights organizations such as the American Society of Composers, Authors and Publishers. Restaurants, bars, nightclubs, retail stores, gyms, and other establishments that play music for customers may unknowingly violate copyright law if the music being played is not properly licensed.

At Vondran Legal®, we regularly assist businesses facing copyright claims brought by ASCAP and other performing rights organizations. These cases often arise when a business publicly performs copyrighted music without first obtaining the proper license.

Understanding how ASCAP enforcement works and how to comply with copyright law can help businesses avoid costly disputes and litigation.

WHAT IS ASCAP AND WHAT DOES IT DO?

ASCAP is a performing rights organization that represents songwriters, composers, and music publishers. Its primary role is to license the public performance of copyrighted musical works and distribute royalties to copyright holders.

Under U.S. copyright law, the public performance of a copyrighted song generally requires permission from the copyright owner. ASCAP obtains those permissions on behalf of its members and then grants licenses to businesses that wish to play music in public settings.

These licenses typically apply to:

• Restaurants and bars

• Nightclubs and music venues

• Retail stores

• Hotels and resorts

• Fitness studios and gyms

• Event spaces

• Businesses hosting live music, DJs, or karaoke

Without a valid license, playing music in these settings may constitute copyright infringement.

WHAT IS CONSIDERED A “PUBLIC PERFORMANCE”?

Under the U.S. Copyright Act, a public performance occurs when music is played in a place open to the public or where a substantial number of people outside of a family or normal circle of friends are present.

Examples include:

• Playing music in a restaurant dining room

• Hosting a DJ night at a bar

• Streaming music through speakers in a retail store

• Live bands performing cover songs

• Karaoke nights

• Music played during fitness classes

Even music streamed through services such as Spotify or Apple Music may require a separate public performance license when used in a commercial setting.

WHY ASCAP ENFORCEMENT CASES HAPPEN

ASCAP typically follows a multi-step enforcement process.

First, the organization may send multiple letters or emails offering a license to the business. If those communications are ignored or declined, ASCAP may send investigators to the venue to document public performances of copyrighted songs.

Once songs are documented, ASCAP may file a federal copyright infringement lawsuit seeking statutory damages and attorneys' fees.

These cases are typically filed in federal court because copyright claims arise under federal law.

POTENTIAL DAMAGES IN ASCAP CASES

Under the Copyright Act, copyright owners may seek statutory damages ranging from $750 to $30,000 per work infringed, and up to $150,000 per work in cases of willful infringement.

In addition, courts may award:

• Attorneys' fees
• Litigation costs
• Injunctions preventing future performances

Because multiple songs are often involved, the potential exposure in these cases can increase quickly.

COMMON SITUATIONS THAT LEAD TO ASCAP CLAIMS

Many businesses face ASCAP claims simply because they were unaware of the licensing requirements.

Common scenarios include:

• Playing background music in a restaurant or bar
• Hosting live bands performing cover songs
• DJs playing commercial music
• Karaoke events using copyrighted tracks
• Streaming music through consumer services in a commercial venue

Businesses sometimes assume that the music provider already paid the licensing fees. However, those licenses generally only cover personal listening, not commercial public performance.

PRACTICAL TIPS TO STAY OUT OF TROUBLE

Businesses can significantly reduce their legal risk by taking a few proactive steps.

First, determine whether your business publicly performs music. If so, confirm that the appropriate licenses are in place.

Second, consider obtaining blanket licenses from the major performing rights organizations, which include:

• American Society of Composers, Authors and Publishers
• Broadcast Music, Inc.
• SESAC
• Global Music Rights

Third, keep records of all music licenses and ensure that staff understand the rules regarding music use.

Finally, if you receive a licensing notice or demand letter, it is often best to seek legal advice early before the matter escalates into litigation.

HOW VONDRAN LEGAL® HELPS BUSINESSES FACING ASCAP CLAIMS

Vondran Legal® has extensive experience handling copyright enforcement matters and defending businesses facing music licensing disputes.

Our firm assists clients with:

• Negotiating settlements with performing rights organizations

• Evaluating copyright liability and potential defenses

• Responding to demand letters and litigation complaint

• Developing compliance strategies to prevent future claims.

Early legal guidance can often help resolve these matters efficiently and minimize potential liability.

CONTACT A CALIFORNIA COPYRIGHT ATTORNEY

Since 2004, Vondran Legal® has been a clear leader in copyright and trademark infringement matters in the United States. We have handled over 1,000 copyright and DMCA cases, including fair use opinions, enforcement actions, federal court litigation, and platform disputes involving YouTube, Amazon, TikTok, and online content creators. If you have questions about copyright enforcement, fair use, or evolving legal standards affecting creators, contact Vondran Legal® for a no-cost confidential consultation at (877) 276-5084.