Midnight Rodeo sued in national copyright infringement case

The Midnight Rodeo nightclub in Springfield has been sued as part of a national copyright infringement case by the American Society of Composers, Authors and Publishers.

ASCAP, a membership association that represents more than 1 million songwriters, composers and music publishers, announced in a news release yesterday that 15 separate copyright infringement actions had been taken against U.S. venues, including Midnight Rodeo at 1773 S. Glenstone Ave. in Springfield. A Grain Valley establishment near Kansas City also was listed.

The March 3 lawsuit filed in the U.S. District Court for the Western District of Missouri names Midnight Rodeo owners David and Melanie Marsh and their 2 Rivers Inc. business entity. The lawsuit seeks to hold Midnight Rodeo and its owners liable for allegedly allowing copyrighted songs to be played at public performances at the venue without paying license fees to ASCAP for the right to do so.

"Tens of thousands of well-run establishments across the country recognize the value of music and obtain ASCAP licenses because music attracts customers, causing them to stay at the venue longer and spend more money. U.S. copyright law requires that businesses compensate the creators of that music when they use it, and ASCAP makes sure the creators of that music get paid," said Stephanie Ruyle, ASCAP executive vice president and head of licensing, in the release. "However, 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."

The lawsuit alleges the Midnight Rodeo defendants entered into a license with ASCAP in March 2021 but failed to pay license fees required by the agreement, resulting in its termination in March 2024. The complaint filed against Midnight Rodeo by ASCAP specifically points to three songs: "Headsprung" by LL Cool J, "Fast Car" by Tracy Chapman and "Over and Over" by Nelly featuring Tim McGraw. The owners of the copyrights for the songs are named as plaintiffs in the lawsuit.

"Notwithstanding the foregoing, defendants have continued to present public performances of the copyrighted musical compositions of ASCAP members at Midnight Rodeo, 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 lawsuit reads.

Midnight Rodeo co-owner David Marsh said via email there has been confusion on his end related to music licensing.

"I am questioning why I have to pay extra $5,000 a year for concerts at Midnight Rodeo ... when I have a promoter that makes all the ticket sales and has all the communication with the bands!" Marsh said in the email. "My involvement is zero! I just (sell) alcohol on those nights!"

The lawsuit seeks court intervention to prohibit the use of copyrighted songs without paying license fees, as well as statutory damages not to exceed $30,000.