A local nightclub is being sued for copyright infringement, but club owners only learned about the suit after being contacted by the media.

Montage Grill on Chestnut Street is one of 26 bars, clubs, and restaurants nationwide that the American Society of Composers, Authors and Publishers - better known as ASCAP - is suing for unlicensed use of copyrighted music.

The infringement action, which was filed in U.S. District Court, revolves around six songs played at the club on January 12, a night on which Montage hosted a heavy metal show. There was a charge at the door with proceeds intended to benefit the Golisano Children's Hospital.

Vince Candilora, senior vice president of marketing for the New York City-based ASCAP, is unsure whether the songs were performed by a band or came from a recording. Either way, he says, the club is still accountable because it benefited from work it didn't have permission to use.

The lawsuit is based on performances of three Iron Maiden songs, "Dirty White Boy" by Foreigner, "Have a Drink on Me" by AC/DC, and "Jailhouse Rock" by Jerry Leiber and Mike Stoller (but made famous by Elvis Presley).

ASCAP has been trying to get Montage to agree to a license for a year and a half, Candilora says. It has contacted the club and its owners, Anthony Sapienza and Patricia Crowley, 14 times. The offer: pay $1,635 a year and get unlimited use of the 8 million songs in the ASCAP catalog. (The price is based on factors such club size, how the music is being used, and whether there is a cover charge.)

A Montage representative said Friday that the club had not yet been served with the lawsuit and that he had no further comment.

Locally, Montage is not being singled out. Last year, ASCAP contacted several Monroe County towns about securing licenses. Pittsford was approached in part because of its summer concerts and its Positively Pittsford and Pittsford Celebrates festivals, both of which offer live music. Parma was contacted by the organization for the same reasons. Both agreed to licenses costing $280.

ASCAP is seeking damages of between $750 and $30,000 for each of the six alleged violations. But how much the club ultimately pays - or whether it pays anything - lies with the owners, the organization, and the court.

"I would be happy to settle this with them," says Candilora. But he's quick to add that the settlement would be more expensive than the license would have been.