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Copyright Clash: Westwood’s Five Dimes Brewery Sued by ASCAP for Playing Unlicensed Music

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Playing the Hits, Skipping the Bill: NJ Brewery Faces Massive Lawsuit for Allegedly Stealing Pop & Disco Classics

the staff of the Ridgewood blog

WESTWOOD, NJ – The music stopped abruptly this week for a popular Bergen County establishment. Five Dimes Brewery in Westwood, NJ, has been hit with a federal copyright infringement lawsuit by the American Society of Composers, Authors and Publishers (ASCAP) for allegedly playing copyrighted music without a license.

The brewery is one of ten venues nationwide targeted by ASCAP this week in a move to protect the livelihoods of professional songwriters and composers.

The Cost of Skipping the License

According to ASCAP, the lawsuit stems from the unauthorized performance of its members’ copyrighted works, often played by live bands or during open mic nights. While Five Dimes Brewery, which replaced the landmark L.N. Grand 5&10 Cent store in 2019, routinely features live music, ASCAP claims the venue failed to obtain the required annual license.

ASCAP Senior Vice President Jackson Wagener emphasized the core issue: compensating the creators.

“We really want businesses to use music in their business,” Wagener explained. “But we want to ensure songwriters are paid a fair fee when that happens. This allows them to pay rent, put food on the table, put their kids through school. It allows music creators to continue to earn a living from their craft.”

For bars and restaurants, an ASCAP blanket license is often affordable, sometimes costing as little as $750 per year—a fee that grants legal access to ASCAP’s vast catalog of over 20 million musical works. According to the organization, about 90% of those license fees are distributed directly to songwriters as royalties.

The Evidence: “I Will Survive” and Other Hits

The complaint, filed in New Jersey district court, is not based on general allegations but on a specific instance. The lawsuit names the performances of three major hit songs by a cover band at Five Dimes on June 28, 2025:

  • Are You Gonna Be My Girl” (Jet Music, Inc.)
  • I Will Survive” (Perren Vibes Music, Inc.)
  • Shut Up And Dance” (Benjamin Berger Publishing/W. Chappell)

The organization’s process involves extensive efforts to contact and educate venues before resorting to litigation, which Wagener describes as a “last resort.” ASCAP uses public advertising and, if necessary, sends out inspectors to verify performances at non-compliant venues.

A Message from the Composers

Songwriter and ASCAP Chairman of the Board, Paul Williams—who penned classics like “Rainbow Connection“—weighed in on the legal action, stating that while they want businesses to prosper, license fees are essential for music creators.

“Each of the establishments sued today has chosen to infringe upon the hard work of songwriters instead of licensing the music they play, despite repeated notifications and opportunities,” said ASCAP Executive Vice President Stephanie Ruyle.

Music plays a critical role in the hospitality industry, as Wagener notes, by making a venue more attractive: “Music adds an enormous value to bars and nightclubs and restaurants… People come back more often, stay, longer, spend more money on food and drink.”

 

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