Missouri Bar Sued For Playing Nelly, Tracy Chapman, And LL Cool J Without Music License

A rodeo bar in Missouri has been hit with a federal lawsuit for playing Nelly, LL Cool J, and others without a paid music license.

A bar in Springfield, Missouri, is facing a federal lawsuit for playing chart-topping hits without paying music licensing fees.

A lawsuit was filed against Midnight Rodeo in the U.S. District Court for the Western District of Missouri March 3, alleging that the bar permitted performances of copyrighted music without paying the required licensing fees, the Springfield News-Leader reported. Five record labels, which hold the copyrights and are affiliated with the American Society of Composers, Authors, and Publishers (ASCAP), claim the bar’s owners entered into a license agreement with ASCAP but failed to pay the necessary fees to legally play music from their artists.

According to the lawsuit, the defendants—Midnight Rodeo owners 2 Rivers Inc., David Marsh Jr., and Melanie Marsh—entered into a licensing agreement with ASCAP effective March 1, 2021. However, after failing to pay the required license fees due March 14, 2024, and receiving a written notice, the agreement was terminated.

Despite the license being revoked, Midnight Rodeo was accused of continuing to publicly perform copyrighted music by ASCAP members. Court documents cite performances of Nelly’s “Over and Over,” Tracy Chapman’s “Fast Car,” and LL Cool J’s “Headsprung.”

The ASCAP-affiliated record labels that own the rights to the music are now taking legal action against the bar. ASCAP, which represents over a million songwriters, composers, and music publishers, licenses public performances of its members’ songs, collects licensing fees, and distributes royalties.

ASCAP offers businesses a license that grants permission to legally play copyrighted music from its extensive repertory of over 20 million musical works. The organization states that, on average, bars and restaurants pay less than $2 per day for unlimited access to its music catalog.

David Marsh Jr., one of the owners of Midnight Rodeo, stated that the dispute is not about paying for standard music licensing but rather concerns a concert music license. He argues that this responsibility should fall on the promoter, as he claims not to profit from ticket sales.

“I am questioning why I am getting charged for concerts when I have a promoter and he make(s) all the money,” Marsh said. “It’s an extra $5,000 a year for (a) concert music license that I don’t make any ticket sales from!”