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Introduction - ASCAP

ASCAP is pursuing companies publicly performing unlicensed music in their bars, taverns, nightclubs and restaurants.  When you get a letter, it should be taken seriously.  A common question is "Will ASCAP file a lawsuit if I don't respond to their settlement letter?"  The quick answer is yes, it is definitely possible, as ASCAP has filed recent lawsuits in 2026.  This blog provides one case overview of how these cases come to be, and how they might resolve in real life.

Case in Point—The Garage Music Club in New Orleans

Sample Allegations

Here are sample allegations made by the Plaintiff:

• The Plaintiffs are all members of the American Society of Composers, Authors, and Publishers (“ASCAP”), a membership association that represents, licenses, and protects the public performance rights of its nearly one million songwriter, composer, and music publisher members.
  
  
• Each ASCAP member grants to ASCAP a non-exclusive right to license the performing rights in that member's copyrighted musical compositions. On behalf of its members, ASCAP licenses public performances of its members' musical works, collects license fees associated with those performances, and distributes royalties to its members, less ASCAP's operating expenses.
  
  
• In undertaking the conduct complained of in this action, Defendant Olano knowingly and intentionally violated Plaintiffs' rights. Defendant's knowledge and intent are established by the following facts: a. On February 25, 2019, several copyright owners, also members of ASCAP, brought a copyright infringement action against Defendant Olano in this court, Universal Polygram International Publishing, Inc., et al. v. Bamboulas, Inc and Guy Olano, III, Civil No. 2:19-cv-01700-CJB-MBN. b. The Universal International Publishing, Inc. case was settled and dismissed.
  
  
• ASCAP's representatives have contacted the Defendants more than eighty (80) times since December 2022, via mail, electronic mail and telephone to offer an ASCAP license for the Garage Music Club.
  
  
• ASCAP's various communications gave Defendants notice that unauthorized performances of ASCAP's members' musical compositions at Garage Music Club constitute copyright infringement.
  
  
• Despite repeated reminders of his liability under the United States Copyright Law, Defendants have continued to publicly perform copyrighted musical compositions written and owned by ASCAP's members at Garage Music Club, including the copyrighted works involved in this action, without permission, during the hours that the establishment is open to the public for business and presenting musical entertainment.
  
  
• Notwithstanding the foregoing, Defendants have continued to present public performances of the copyrighted musical compositions of ASCAP members at the Garage Music Club, including the copyrighted works involved in this action, without permission, during the hours that the establishment is open to the public for business and presenting musical entertainment.
  
  
• The original musical compositions listed in Column 3 were created and written by the persons named in Column 4.
  
  
• The original musical compositions listed in Column 3 were published on the date stated in Column 5, and since the date of publication have been printed and published in strict conformity with Title 17 of the United States Code. 25. The Plaintiffs named in each cause of action, including their predecessors in interest, if any, complied in all respects with Title 17 of the United States Code, secured the exclusive rights and privileges in and to the copyright of each composition listed in Column 3, and received from the Register of Copyrights a Certificate of Registration, identified as set forth in Column 6. 
  Defendants on the dates specified in Column 7, and upon information and belief, at other times prior and subsequent thereto, infringed the copyright in each composition named in Column 3 by performing publicly the compositions at the Garage Music Club for the entertainment and amusement of the patrons attending said premises, and Defendants threaten to continue such infringing performances.
• The public performances at the Garage Music Club of the Plaintiffs' copyrighted musical compositions on the dates specified in Column 7 were unauthorized: neither Defendants, nor any of the Defendants' agents, servants or employees, nor any performer was licensed by, or otherwise received permission from any Plaintiff, or any agent, servant, or employee of any Plaintiff, to give such performances. Case 2:26-cv-00513-SSV-EJD Document 1 Filed 03/09/26 Page 5 of 7 - 6 - 28. In undertaking the conduct complained of in this action, Defendants knowingly and intentionally violated Plaintiffs' rights.
  
  
• The many unauthorized performances at the Garage Music Club include the performances of the two copyrighted musical compositions upon which this action is based.
  
  
• At the times of the acts of infringement complained of, the Plaintiff named in each cause of action was an owner of the copyright in the composition therein named.
  
  
• The said wrongful acts of Defendants have caused and are causing great injury to the Plaintiffs, whose damage cannot be accurately computed, and unless this Court restrains Defendants from the further commission of said acts, said Plaintiffs will suffer irreparable injury, for all of which the said Plaintiffs are without any adequate remedy at law.
  
  

  PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for relief against Defendants as follows: 

  
  1. That Defendant be duly cited to appear and answer this Complaint;
  
  2. That Defendants and all persons acting under the direction, control, permission, or authority of Defendants be enjoined and restrained permanently from publicly performing the aforementioned compositions—or any of them—and from causing or permitting the said compositions to be publicly performed at the Garage Music Club or in any place owned, controlled, managed or conducted by Defendants, and from aiding or abetting the public performance of such compositions in any such place or otherwise.
  
  3. That Defendants be decreed to pay such statutory damages as to the Court shall appear just, as specified in 17 U.S.C. § 504(c)(1), namely, not more than Thirty Thousand Dollars ($30,000) nor less than Seven Hundred Fifty Dollars ($750) in each cause of action herein.
  
  
• That Defendants be decreed to pay the costs of this action and that a reasonable attorney's fee be allowed as part of the costs.

Settlement Possibilities

Here are a few ways a case may settle in court.

1. Payment of a Settlement Amount

Defendants typically agree to pay a lump sum, which can include:

• Past-due license fees (what they should have paid)
• Statutory damages under the Copyright Act (often negotiated down)
• Sometimes partial attorney's fees

💡 Statutory damages can range from $750 to $30,000 per song, but in practice, settlements are far lower—often:

• $5,000 to $50,000+ total, depending on:
  • Number of infringements
  • Duration of noncompliance
  • Whether the defendant ignored prior warnings

2. Consent Judgment / Injunction

ASCAP almost always requires:

• A permanent injunction prohibiting future unlicensed performances
• Sometimes structured as a consent judgment filed with the court

This gives ASCAP leverage if infringement continues (contempt of court).

3. Agreement to Obtain a License

Defendants usually must:

• Enter into a prospective ASCAP license agreement
• Stay current on fees going forward

4. Admission vs. No Admission

• Many settlements are without admission of liability
• But the injunction effectively binds future conduct regardless

5. Payment Plans (Sometimes)

• Smaller establishments may negotiate installment payments
• ASCAP is often willing to structure deals to ensure compliance