Upscale Monmouth County Bar Sued For Music Copyright Infringement

OCEANPORT, NJ — Baseline Social, an upscale bar/lounge on the grounds of the former Fort Monmouth, was sued this week for allegedly playing hit songs without a performance license.

The lawsuit was filed Monday by several music copyright owners, including rapper Swizz Beatz. The companies that filed the lawsuit are all members of the American Society of Composers, Authors and Publishers (“ASCAP”). ASCAP protects the copyright held by some of America's biggest pop stars, including Stevie Wonder, 50 Cent and Beyonce, as well as the songwriters who wrote their hit songs.

ASCAP said it has made numerous attempts in the past three years to contact Baseline Social, asking if they want to purchase a blanket license that will allow the bar to play copyrighted songs. That license costs about $750 a year; more for larger bars, said ASCAP.

Baseline Social refused all offers to buy a license, they said.

Without that license, any time one of the below songs is played at Baseline Social, the artist is not paid royalties. What Baseline Social is doing amounts to copyright infringement, argues ASCAP.

Tim McMahon, one of the principals at BarCo Brands, which owns Baseline Social, said he would not be commenting for this story.

Jackson Wagener, ASCAP's in-house lawyer, said after the licensing group made numerous attempts to get Baseline Social to purchase a license, it sent an undercover investigator to the bar. That investigator listed six unlicensed songs in particular, although they say there have been "many unauthorized performances at Baseline Social" in recent years:

• "In da Club," written by Miguel A. Elizondo, Curtis Jackson (50 Cent) and Andre R. Young; the copyright is held by Music of Windswept.
• "Just a Lil' Bit" written by Scott S. Storch and Curtis Jackson (50 Cent); the copyright is owned by Reservoir Media Management.
• "Party Up (Up In Here)," written by Kasseem Dean (Swizz Beatz) and Earl Simmons; the copyright is owned by Universal Music Corporation and Swizz Beatz.
• "Thiller," which was written by Rodney Temperton; the copyright is owned by Rodsongs
• "All the Small Things," written by Travis Barker, Thomas DeLonge and Mark Hoppus; the copyright is owned by Hoppus under his company HMNIM Music.
• "Big Poppa," written by Christopher Wallace (Biggie Smalls), Ernest Isley, Marvin Isley, O’Kelly Isley, Ronald Isley, Rudolph Isley and Christopher Jasper and the copyright of which is owned by Bovina Music.

Music of Windswept, Reservoir Media, Universal Music Corporation, Swizz Beatz, Rodsongs, HMNIM Music and Bovina Music are all named as plaintiffs in the lawsuit (that means they filed the suit).

Even if the songs were played by DJ or a band, the bar/restaurant is the party responsible for having a copyright license, said ASCAP.

The lawsuit is seeking an immediate injunction, which means Baseline Social must immediately stop playing those songs, and more.

If this goes to federal court, and a judge weighs in, Baseline Social could risk being ordered to pay a maximum fine of $30,000, per song.

"Our intent is to drive a settlement conversation," said Wagener. "We're hopeful (this lawsuit) starts a conversation with them, and we're hopeful it leads to an amicable settlement with the owners. But if not, we're prepared to litigate."

Baseline Social opened in 2023 at 675 Oceanport Way in Oceanport, in what used to be the old grocery store when Fort Monmouth was an active U.S. Army base. It's located right next door to Birdsmouth Beer brewery.

Baseline Social has virtual golf bays, a full bar/restaurant and private upscale lounge areas. It also has an outdoor fire pit and outdoor seating area.

Baseline Social is owned by BarCo Brands, the same company that owns Deal Lake Bar + Co in Loch Harbor. BarCo Brands is a partnership between McMahon, Andrea Pappas, Greg Bartz and Phil Villapiano.

The March 9 lawsuit specifically sued Villapiano, Pappas and McMahon, under Oport Partners LLC.

Upscale Sports Bar, Baseline Social, Opens Thursday At Fort Monmouth (2023)