Lawsuit sends shockwave to NJ bars: Play music without paying and risk big trouble

There was a clear message sent out this month to all New Jersey bar owners, when it comes to music, pay what you play.

The owners and management of Baseline Social, which is an upscale bar and lounge located in Oceanport on the grounds of Fort Monmouth, got a harsh reality check when a lawsuit was filed on Monday, March 9, by ASCAP, which is the American Society of Composers. ASCAP represents over 1.1 million composers of music.

To play the music, you have to pay for the music

The fees to pay ASCAP for bars, lounges, restaurants, and nightclubs depend on the number of occupants, the number of days of the week playing music, live or recorded music, with or without a DJ.

If an establishment wants to play music, they must pay an ASCAP license, and the cost can vary from hundreds of dollars to a few thousand dollars annually.

According to a reported story by Patch, ASCAP’s in-house attorney made several attempts to get Baseline Social to purchase a license. When they did not receive a response to their request, they sent in an undercover investigator to the bar and listed six unlicensed songs with many reported unauthorized performances of music at Baseline in recent years.

The management and partnership at Baseline Social had no comment on the lawsuit. Baseline Social is part of the BarCo Brands ownership that also owns Deal Lake Bar & Co. in Loch Arbor.

Veteran restaurateur Tim McMahon is part of the BarCo partnership, along with Andrea Pappas, George Bartz and Phil Villiapiano. ASCAP and BMI are diligent in making sure that their composers, writers, artists, and performers receive payment.

At the radio station, New Jersey 101.5, we pay ASCAP and BMI to have the ability to bring you music on the weekends. Our fee is based on the considerable number of listeners that the station reaches, the number of hours that we play music and the number of days.

Next time you hear a song at your favorite bar or on your radio, you will remember that they had to play for that privilege to provide great music for your entertainment.