Rodeo 4, formerly Charley B's, is one of Lubbock's largest nightclubs. It is also the only local one listed in a series of lawsuits filed by the American Society of Composers, Authors and Publishers for copyright infringement.

On Thursday, Feb. 16, The American Society of Composers, Authors and Publishers (ASCAP) announced they had filed 12 separate copyright infringement actions against bars and restaurants across the nation. One of those 12 is Rodeo 4, also known as Lubbock's largest nightclub at 5402 4th St.

Other businesses listed in the release were:

• The Barn at Cowboy Jack's in Minneapolis, Minnesota.

• Drying Shed in San Jose, California.

• Dunn's River Island Cafe in Tampa, Florida.

• Fremont Country Club in Las Vegas, Nevada.

• Kings X in El Paso.

• Neck of the Woods in San Francisco, California.

• Prejean's in Lafayette, Louisiana.

• Sage Restaurant & Lounge in Whittier, California.

• Savoie Italian Eatery in Chula Vista, California.

• Treehouse Rooftop in Los Angeles, California.

• Venu in Boston, Massachusetts.

The lawsuit states ASCAP is seeking statutory damages between $750-$30,000 for each of the three infringements, Rodeo 4 to be restrained permanently from using music from ASCAP's members, and asks Rodeo 4 to pay legal fees.

Jackson Wagener, with ASCAP's legal team, said ASCAP did not want it to come to this point, and hopes they can arrange a settlement.

"We view litigation as a last resort," Wagener said. "We give these establishments every opportunity to resolve matters before we file, but even once we file, our primary goal ... is to reach an amicable settlement."

That amicable settlement could involve payment of outstanding fees, relicensing, and coverage of attorney fees.

Here's how the lawsuit claims the copyright infringement happened; songs include 'Copperhead Road', 'Hey Ya!'

ASCAP represents nearly 875,000 songwriters, composers, and music publishers, which covers more than 18 million songs. Businesses that use music from their members are required to have a license with ASCAP, which averages around $2 per day, or $750 annually.

Companies pay the licensing fee, which varies depending on a venue's size, if they do karaoke, have DJs, and the types of performances.

"Music is really valuable to these (businesses) because it sets the mood and ambiance," Wagener said. "People are going to buy more drinks, come back more frequently. And because of that, most businesses recognize that it's not just a good business more to obtain a license; it's also the right thing to do to ensure songwriters are fairly compensated."

Wagener said 90 cents of each dollar from the fees are distributed as royalties to their members.

"Our goal, as an organization, is to ensure that our members ... are properly compensated and fairly paid when their music is performed in public by a business," Wagener said. "For members who aren't actively touring, or selling merchandise because they aren't a famous performer, they really depend on their ASCAP royalties to pay their bills, put their kids through school, and handle their daily expenses."

On Oct. 11, ASCAP sent an investigator to Rodeo 4. The investigator noted that three songs - "Hey Ya!", "Copperhead Road", and "Memories" - were performed at the venue. Those three songs are copyrighted by ASCAP members, and can not be performed at unlicensed venues.

Wagener mentioned that ASCAP had issues with Rodeo 4 prior to Oct. 11, when the venue did not pay their licensing fee. Rodeo 4's license, which they had since 2016, was terminated in June 30, 2022.

"Our issue with Rodeo 4 started well before Oct. 11 and 12 of 2022," Wagener said. "We reached out over a long period of time to the folks of Rodeo 4, initially because they were licensed, and they failed to pay the fees that were due. And we continued to reach out after termination to remind them 'you need permission' or (we are) willing to work with you to get you relicensed.' It was only after all the numerous communications with that that we finally had to take this extraordinary step of investigating the establishment and filing a lawsuit."

The A-J reached out to Rodeo 4 and did not receive a response by the time of this publication.

"The reality is, this is a black-and-white area of the copyright law," Wagener said. "There's no question that the licenses were needed, and that the venue didn't have one."

Alana Edgin is a journalist covering Business News in Lubbock and the surrounding area. Send her a news tip at aedgin@lubbockonline.com. 

This article originally appeared on Lubbock Avalanche-Journal: Lubbock's Rodeo 4, Charley B's being sued for copyright infringement