Why Wally’s Pub could pay up to $30K for playing Bad Company’s 'Feel Like Makin’ Love'

HAMPTON — A popular Hampton Beach bar and music venue is being sued for alleged copyright infringement after a cover band performed Bad Company's hit song "Feel Like Makin' Love."

The American Society of Composers, Authors and Publishers (ASCAP) filed the copyright infringement lawsuit against Wally's Pub and its owner Al Fleury this week in federal court.  It alleges the venue at 144 Ashworth Ave. continues to have "unauthorized public performance of its members’ copyrighted musical works."

The lawsuit was one of 13 filed nationwide by the nonprofit that represents more than 920,000 songwriters and music publishers.  Other establishments sued included Widow Fletcher’s in New Port Richey, Florida, and Bleachers Sports Grill in Phoenix, Arizona.

"Each of the establishments sued today has decided to use music without compensating songwriters," said Stephanie Ruyle, ASCAP executive vice president, and head of licensing. "By filing these actions, ASCAP is standing up for songwriters whose creative work brings great value to all businesses that publicly perform their music.”

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ASCAP is one of three major American licensing companies that license public performances of songs. They collect licensing fees from businesses that use their members' songs and then redistributes the money as royalties to the writers and artists.

The average cost for bars and restaurants for a license, according to ASCAP, amounts to less than just $2 per day for the right to play an unlimited amount of music.

Fleury said he was unaware of the lawsuit and that he pays for a number of licensing fees to play live music at his various venues. He also owns The Goat and Bernie's Beach Bar at Hampton Beach.

"There are a lot of those companies that work for artists' rights and they pop up every now and again," Fleury said. "I'm sure they saw a song that was covered by one of our musicians and it was somebody else's song and they are going to yell at me for using it."

Fleury said he believes "we have a license agreement" with ASCAP.

"They are a big company. I'm sure my people will reach out to them and squash it," he said. "… We pay what we are supposed to pay and I'm sure that's what they will find out from this lawsuit."

Fleury said they have been sued in the past by such groups, including once when someone sang "Happy Birthday" in the bar and another time when a Beatles song played during a commercial in a Patriot's playoff game.

"In my opinion, it's a legal shakedown but they have the law on their side and we just have to pick our battles with them when they come up," he said.

According to the lawsuit, Wally's Pub had a license agreement with ASCAP dating back to Sept. 15, 2013. It was terminated on May 31, 2017, due to lack of payment.

The group, according to the suit, made numerous attempts to offer Wally's a new license by mail, email, phone and in person.

"Defendants have continued to present public performances of the copyrighted musical compositions of ASCAP members at Wally's Pub," the suit states.

The suit specifically notes two instances where songs by their members were played without a license on July 27, 2022.

The songs were Bad Company's "Feel Like Makin Love" and the Barenaked Ladies' "The Old Apartment."

ASCAP is seeking to stop Wally's from performing their members' songs without a license as well as up to $30,000 in damages for each violation.

This isn't the first time the organization, and others like it, have targeted Hampton Beach businesses.

Stacey Jane's, a Hampton Beach karaoke bar now called Charlie's Tap House, had to pay $17,500 plus attorney fees to BMI after being caught allowing patrons to sing songs protected by the company on Oct. 12, 2012.

In 2011, the owners of Ron's Landing paid $8,500 to settle a copyright infringement lawsuit that accused the Hampton Beach restaurant of playing live renditions of copyrighted songs, including the Gershwin classic "Summertime."

This article originally appeared on Portsmouth Herald: Wally’s Pub faces copyright lawsuit for ‘Feel Like Makin’ Love’ cover