A pub played ‘Conga’ — and now it must face the music with a copyright lawsuit

The rhythm of the music got stronger at a high-end sports bar — until a federal lawsuit filed last week pulled the plug.

Broadcast Music Inc. filed a seven-page lawsuit in federal court in Miami on Jan. 30 — three days before the Super Bowl came to town — against South Miami’s Pub 52 at 5829 SW 73rd St., alleging copyright infringement.

The suit also names as defendants Pub 52 Sports Bar & Kitchen LLC, Kanti Group Inc. and its president, Rajiv Pandey.

Pub 52 played seven songs that BMI owns the rights to on Oct. 12, 2019, without obtaining a public performance license, according to the suit.

“A DJ was performing, and there was also recorded music playing that night,” said BMI spokeswoman Jodie Thomas.

The songs include: “Conga” by Enrique E. Garcia, “Holiday” by Lisa Stevens, “Let’s Hear it for the Boys” by Dean Pitchford, “Material Girl” by Peter Brown, “Stayin’ Alive” and “You Should Be Dancing” by Barry Gibb, and “Take On Me” by Magne Furuholman.

Popular songs are often not written by the performing artists but rather by someone you may not recognize, according to BMI.

“We often find out that venues are performing copyrighted music because they advertise music on social media, websites, or in the local press, and sometimes even charge entrance fees for having music on site,” Thomas said.

Pub 52 opened before the start of football season in 2018 and has more than 30 TVs.

“Pub 52 advertises weekly lineups on their website, including a Jazz Night, Social Thursday’s and live bands on Fridays and Saturdays,” Thomas said.

BMI made more than 80 attempts to contact Pub 52 by phone, mail and email since October 2018, Thomas said.

Though the lawsuit does not specify an amount in damages, Pub 52 could be on the hook for up to $150,000 per song, or up to $1,050,000 for seven songs. Penalties for copyright infringement can range from $750 per work infringed up to $150,000 in damages if it is found to be willful infringement, according to the U.S. copyright Law.

A public performance of music includes any music played outside a normal circle of friends and family, according to U.S. copyright law.

Every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly.

“When we find out that a business is performing music and operating without a music license, we see this as an opportunity to educate business owners on the music licensing process,” Thomas said.

The cost of a BMI music license can cost as little as $378 per year of which 90 cents of every dollar collected from licensing fees goes back to songwriters, composers, and publishers in the form of music royalties, Thomas said.

When reached by phone, a Pub 52 employee declined to comment.

Pub 52 does not yet have an attorney, court records show.

This story was originally published February 6, 2020 at 1:25 PM.