Hampton Beach's Wally's Pub settles legal battle over ‘Feel Like Makin’ Love’ cover

HAMPTON — A popular Hampton Beach bar and music venue, sued for alleged copyright infringement after a cover band performed Bad Company’s hit song "Feel Like Makin’ Love," has come to terms on a deal to end the case.

Attorneys for the American Society of Composers, Authors and Publishers (ASCAP) said they have reached a "confidential settlement" with Wally's Pub owner Al Fleury.

"Under the terms of the settlement agreement, certain conditions are to be met before the parties are to file a stipulation of dismissal," W. Chappell Music Corp. attorney Meaghan Jepsen stated in a recent court filing. "One of those conditions still needs to be met."

The filing stated they expect to file a motion to dismiss the case by Sept. 6.

ASCAP filed the copyright infringement federal civil lawsuit against Wally's Pub and its owner in June of 2023, seeking up to $30,000 in damages, as well as attorney fees.

The suit alleged the venue at 144 Ashworth Ave. played two songs, Bad Company's "Feel Like Makin Love" and the Barenaked Ladies' "The Old Apartment," without having a proper license for public performances of songs.

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The lawsuit was one of many filed nationwide by the nonprofit that represents more than 920,000 songwriters and music publishers.

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.

ASCAP hires investigators to visit venues, such as bars and restaurants, posing as customers to monitor the music played and to check if they have the appropriate licenses.

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According to the lawsuit, Wally’s Pub entered into a license agreement with ASCAP on Sept. 15, 2013. However, the agreement was terminated on May 31, 2017, due to non-payment.

Investigators found Wally's Pub to be in violation on July 27, 2022.

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

When the lawsuit was initially filed, Fleury stated that he believed he had a license agreement with ASCAP.

In an answer to the lawsuit, Fleury's attorney, Christopher Hilson, stated Wally's obtained a license to play music from another organization, and "at all times believed performances were covered by said license."

The attorney also wrote that Fleury and Wally's "were innocent of infringement of copyrights at issue."

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

Fleury, who also owns Bernie's Beach Bar and the Goat at Hampton Beach, previously said he's 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 Patriots 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 in a 2023 interview after the lawsuit was filed.

Other establishments targeted with litigation in the past included Stacey Jane's, a Hampton Beach karaoke bar now called Charlie's Tap House. In 2013, they had to pay $17,500 plus attorney fees to BMI after being caught allowing patrons to sing songs protected by the company, including "Get Down Tonight" by KC and the Sunshine.

In 2011, the owners of the now-closed 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 settles legal battle over ‘Feel Like Makin’ Love’ cover