Congress Hall, a historic hotel resort in Cape May, didn’t have a license to play music from popular recording artists, preventing them from receiving royalties, according to a federal lawsuit filed Monday.
The American Society of Composers, Authors and Publishers claims in the suit at least four songs were played at the hotel in December without the copyright holder’s being compensated.
Congress Hall is one of 15 businesses in the U.S. that were sued this week in the latest effort by the nonprofit agency to secure royalties for its composers and recording artists, according to a news release.
ASCAP is asking a judge to order that Congress Hall pay between $750 and $30,000 for each instance where music was played without royalties being paid, according to the lawsuit, which was filed in U.S. District Court in Camden.
Bob Haislip, the hotel’s vice president of operations, said Wednesday Congress Hall is committed to resolving the infringement.
“At Congress Hall, we have always celebrated the power of music and its ability to bring people together, create lasting memories, and enhance the guest experience,” Haislip said in a statement. “We deeply respect and value the creativity, passion, and artistry of songwriters, composers, and music publishers, whose works contribute so much to the vibrant culture we proudly support here in Cape May.
“We believe that creators deserve fair compensation for their work, and we support the mission of organizations like ASCAP.”
The hotel is a popular resort for Jersey Shore tourists, attracting visitors with its Victorian charm and beachside location. It most recently appeared in the 2024 Bob Dylan biopic “A Complete Unknown,” which was filmed in Cape May and the surrounding area.
ASCAP represents thousands of recording-industry professionals. Headquartered in New York City, it ensures royalties for its members when their music or compositions are played publicly. It licenses over 20 million songs.
Licenses for bars and restaurants often cost less than $2 per day, allowing the holder to play an unlimited amount of music, according to ASCAP.
Paul Williams, ASCAP’s board chairman and president, who has crafted songs performed by artists like Barbara Streisand and The Monkees, said the sweeping lawsuits intend to support the nonprofit’s members and their earnings.
“We want every business that uses music to prosper, including bars and restaurants,” Williams said in a statement. “As songwriters and composers, we must earn our livelihoods through our creative work, and music is how we put food on the table and send our kids to school.
“Most businesses know that an ASCAP license allows them to offer music legally, efficiently and at a reasonable price – while compensating music creators fairly.”
The four songs played at Congress Hall, according to the lawsuit, are “Take Me Home Country Roads” by John Denver, “Drift Away,” “Blue Christmas” by Elvis and “Pride and Joy” by Stevie Ray Vaughan.
Jackson Wagener, ASCAP’s senior vice president for business and legal affairs, told NJ Advance Media an independent investigator was hired to review Congress Hall’s music selection. Wagener said ASCAP believes other ASCAP member songs were also used.
The hotel held a license an ASCAP license between Jan. 1, 2012, and Dec. 31, 2023, according to the lawsuit. Representatives informed Congress Hall about the expiration, adding that outstanding royalties were owed.
Stories by Eric Conklin
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Eric Conklin may be reached at econklin@njadvancemedia.com.