Toby Keith Sued Over "I Love This Bar"

Toby Keith Photo Courtesy of Show Dog Records

December 7, 2006 — Toby Keith is being sued for copyright infringement by a singer-songwriter in Key West, Fla. who says his tune, "Tourist Town Bar" is strikingly similar to Toby's 2003 hit, "I Love This Bar." The Miami Herald reports the suit was filed in federal court in Miami against Toby and his co-writer Scotty Emerick, along with Toby's record label, distribution companies and publishing company, Tokeco Tunes.

Elaine Schock, Toby's publicist, says, "Mr. Keith denies the allegations in the lawsuit and his attorneys will vigorously defend it."

Michael McCloud says he wrote "Tourist Town Bar" in the men's bathroom at Sloppy Joe's Bar in March, 1988. McCloud was reportedly observing the club's eclectic clientele, ranging from spring-breakers to tattooed bikers, when, he says, "A bunch of geriatrics with walkers came in with their drink tickets."

McCloud's attorney, Amy Quezon, says the primary issue is not the music, but the similarity of the lyrics, since both songs begin with colorful descriptions of bar patrons. What helps make the case for a lawsuit, the attorney says, is that Toby recorded his song at Jimmy Buffett's studio in Key West, just a stone's throw from the Schooner Wharf Bar, where McCloud has played regularly for the past 12 years, and claims Toby has visited several times.

"Even though that song is basically a piece of tripe, I nailed it," McCloud says. "And it also is a matter of principle. I think [Toby Keith] felt that old gray-haired drunk wasn't going to do anything about it."

Miami-based entertainment attorney David Bercuson, who has 20 years experience in music copyright law and is not involved in the case, listened to both songs and compared the lyrics at The Miami Herald's request.

His opinion: McCloud's lawsuit faces tough going. "The theme of the songs are comparable, the manner in which the theme is delivered are comparable, but every love song is sort of the same, too,'' Bercuson said. "You can't protect an idea."

"The notes aren't the same. The words aren't the same. It sounds like this guy [Keith] heard something, liked the idea and ran with it, giving it his own twist," he said.

McCloud says if Keith had asked, he would have sold him the song for $500. "I really would have. Because the song was written on the toilet and it took me five minutes. Granted, the song has grown since then."