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METER PLA UPDATE EDITION UPDATE EDITION Volume 4, 4, Number Number 22 22 Volume December 1,1, 1978 1978 December AMOA sues sues Copyright Copyright Tribunal Tribunal AMOA The A.M.O.A. A.M.O.A. isis broadening broadening its its The attack on the Copyright Royalty attack on the Copyright Royalty Tribunal (CRT). (CRT). Tribunal On October 27 the the national national On October 27 in federal district association filed suit association filed suit in federal district in Washington D.C. stating that court court in Washington D.C. stating that its authorthe CRT had overstepped the CRT had overstepped its authority when when itit made made the the ruling ruling that that ity operators would have to supply lists operators would locations have to supply lists theirjukebox jukebox orelse elsebe be ofoftheir locations or inin violation of the compulsory jukebox violation of the compulsory jukebox copyright raw. copyright law. Then on on November November 22, 22, Nicholas Nicholas Then A.M.O.A. counsel, counsel, filed filed aa Allen, A.M.O.A. Allen, request with the federal district court request with the federal district court in Washington D.C. for a hearing on in Washington D.C. for a hearing on and the matter of the location lists; the matter of the location lists; and inin thatrequest requestadded addedan anamendment amendmentto to that A.M.O.A.'s earlier complaint the the A.M.O.A.'s earlier complaint hesaid, said,'we 'wehave havecast castsome some wherein, he wherein, arguments into the constitutional arguments into the constitutional issues of of this this matter.' matter.' Among Among the the issues constitutional questions Allen raised constitutional questions Allen raised A.M.O .A. was was adding adding were that that the the A.M.O.A. were the contention that the CRT 'is the contention that the CRT 'is improperly organized in the legislaimproperly organized in the legislaand that that tive branch branch ofofgovernment government and tive the requirement of location lists cuts the requirement of location lists cuts across the the jukebox jukebox operators' operators' rights rights across of due process.' of due process.' its suit suit of of October October 27, 27, the the InIn its A.M.O.A. also asked for a temporA.M.O.A. also asked for a temporary restraining order which would ary restraining order which would have allowed allowedoperators operators to ignore the have to ignore the CRT's location listing requirement at CRT's location listing requirement at least until until the the validity validity ofofthat that ruling ruling least had been determined. But federal had been determined. But federal judge Aubrey Robinson, Jr. turned judge Aubrey Robinson, Jr. turned down that request, though he added down that request, though he added thatthe theCRT CRTwould wouldhave havetotomaintain maintain that the confidentiality of those location the confidentiality of those location lists at least until the suit was decided lists at least until the suit was decided upon. upon. Priortotothat thatdecision decisionby bythe thefederal federal Prior PLAY METER had interjudge, judge, PLAY METER had interviewed CRT chairman Thomas viewed CRT chairman Thomas Brennan who, who, when when questione questioned Brennan d about the the CRT's CRT's responsibility responsibility of of about confidentiality of of maintaining the the ·confidentiality maintaining if a 'blue those location lists, said that those location lists, said that if a 'blue sky operator operator (someone (someone who who sells sells sky directly to locations) were to request directly to locations) were to request the locations locations lists, lists, he he could could not not be be the denied access to them under the denied access to them under the Freedom ofof Information Information Act. Act. BrenBrenFreedom PLAY METER that, nen also told nen also told PLAY METER that, becauseofofthis, this, the the Tribunal Tribunal would would because be receptive receptive to to aa proposal proposal which which be lists from would exempt location would exempt location lists from being disclosed under the Freedom being disclosed under the Freedom InformationAct. Act. Such Such aarestriction restriction ofofInformation Brennen said, could actually prohibit Brennen said, could actually prohibit thethree threeperforming performingrights rightssocieties societies-the -ASCAP, SESAC, and BMI--from ASCAP, SESAC, and BMI -- from using those those location location listings listings for for using anything other than the specific anything other than licensed the specific purpose of locating jukepurpose of locating licensed jukeby saying boxes. Brennen continued boxes. Brennen continued by saying such aa regulation regulation were were that ifif such that imposed and one of the performing imposed and one of the performing were to to violate violate this this rights societies societies were rights guideline, the penalty might perhaps guideline, penaltyofmight entail the the forfeiture that perhaps performentail the forfeiture of that performing rights society's share of the the society's share of rightsroyalty ing jukebox collections. jukebox royalty collections. However, with the deadline of However, with the deadline of November 1 for the location listings November 1 for the location listings and many operators with registered and many operators with registered jukeboxes still not in compliance with jukeboxes still not in compliance with this latest request, that whole matter this latest request, that whole matter appears a moot question . appears a moot question. Minnesota association association Minnesota retains lawyer retai ns lawy er AttorneyRobert RobertLatz, Latz,partner partnerin in Attorney the law firm of Sachs, Latz & the law firm of Sachs, Latz & Kirshbaum, Minneapolis, Minneapolis, has has been been Kirshbaum, retained as the new legislative retained as the new legislative Operators representivefor for the the Music MusicOperators representive of Minnesota, a statewide association of Minnesota, a statewide association the coin-operated coin-operated ofbusinessmen businessmen inin the of will be be amusement industry. Latz will amusement industry. Latz assisted by Roland C. Amundson, an assisted by Roland C. Amundson, an associatewith withthe thefirm. firm. associate The legislative representative will The legislative representative will review the the Phillips Phillips Legislative Legislative SerSerreview vice, monitor all legislation and tax vice, monitor all legislation and tax proposals relating relating toto the the coin-opercoin-operproposals atedamusement amusementindustry, industry, and report ated and report regularly to the association on on regularly to the association firm legislative developments. The legislative developments. The firm has had had extensive extensive experience in has experience and in representing trade associations associations and representing trade its clients clients the the MinneMinnecounts among among its counts sotaBeer BeerWholesalers WholesalersAssociation. Association . sota 1954 graduate graduate of the Latz isis aa 1954 Latz of the UniversityofofMinnesota MinnesotaLaw LawSchool School University andhas hasbeen beenengaged engagedininprivate privatelaw law and practice since 1958. He was assistant practice since 1958. He was assistant attorney general for the state of attorney general for the state of 1955 toto 1958 1958 and and Minnesota from from 1955 Minnesota served four consecutive terms from served four consecutive terms from 1959to to1966, 1966,as asstate staterepresentative representative 1959 fromthe theformer former 39th 39th District District (North (North from Minneapolis) . He has been active in Minneapolis). He has been active in Minnesota's DFL Party for 30 years, Minnesota's DFL Party for 30 years, serving as as DFL DFL State State Convention Convention serving and delegate delegate to to both both DFL DFL Chairmanand Chairman State Conventions and Democratic State Conventions and Democratic National Conventions. Conventions. He He isis also also aa National regent of the University of Minneregent of the University of Minnesota. sota. 1972 graduate graduate of of Amundson isis aa 1972 Amundson William Mitchell College of Law the the William Mitchell College of Law 1975graduate graduate ofofthe the University University and 1975 and both of Notre Dame Law School, of Notre Dame Law School, inin both instances with honors. He has been instances with honors. He has been engaged in private practice since engaged in private practice since