Hip-hop producer Swizz Beatz and several music publishers have sued a North Carolina entertainment venue in federal court, alleging it publicly performed copyrighted songs, including the late DMX’s hit “Party Up (Up in Here),” without obtaining the licenses required under federal copyright law.
The complaint, filed Tuesday in the U.S. District Court for the Western District of North Carolina, accuses BoatYard Lake Norman and its owner, Chris Boukedes, of repeatedly playing protected musical works despite years of outreach and licensing offers from the American Society of Composers, Authors and Publishers, known as ASCAP.
At the center of the dispute is “Party Up (Up in Here),” the chart-topping DMX single co-written by Swizz Beatz. The lawsuit alleges the venue publicly performed the song and other copyrighted works without authorization, depriving songwriters, composers and music publishers of performance royalties.
According to the complaint, ASCAP representatives attempted to secure compliance through telephone calls, emails and mailed correspondence. The organization contends those efforts were unsuccessful.
Swizz Beatz Goes After North Carolina Nightclub For The Illegal Use Of DMX’s Hit “Party Up” In Federal Court
“ASCAP has contacted Defendants by telephone, by mail, and by e-mail,” the complaint states. Despite those communications, the defendants allegedly “refused all of ASCAP’s license offers for Boatyard” while continuing to publicly perform copyrighted compositions within ASCAP’s repertory.
The action also includes claims involving “Jump Around,” “Party All the Time” and “Shut Up and Dance,” with several publishing companies joining as plaintiffs. Universal Music Corp. is among the entities asserting rights connected to “Party Up (Up in Here).”
The plaintiffs seek up to $30,000 in statutory damages. Along with injunctive relief and other remedies available under the Copyright Act.
The lawsuit is one of several copyright enforcement actions filed nationwide this week by ASCAP-affiliated songwriters and publishers. In a statement, ASCAP Executive Vice President of Licensing Stephanie Ruyle said the venues chose not to pay.
“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.”