Play Meter

METER PLA EDITION UPDATE EDITION Volume 4, 4, Number Number 2 2 Volume January 1978 20, 1978 y 20, Januar Location lists lists not not needed, needed, Location Copyright rules Tribunal rules pyright Tribunal Co The Copyright Tribunal, in in its The Copyright Tribunal, its recent decisions decisions concerning concerning the the recent jukebox Copyright Copyright Law, Law, has has for jukebox for the the in most part part agreed with operators operators in most agreed with how that can best how that law law can best be be implementimplemented. ed. Included among Included among those those favorable favorable decisi0ns for for operators operators was was the the decisions controversial issue whether or or not controversial issue of of whether not operators would would be be required required to operators to list list their jukebox jukebox locations. locations. The The CopyCopytheir right Tribunal Tribunal decided w11:;; not not right decided itit was In making its judgement, required . required. In making its judgement, the five-member five-member panel panel concluded, concluded, the "We do believe that list "We do not not believe that aa list requirement can can be be imposed imposed by by the the requirement Office under under its its limited limited Copyright Office Copyright authority." rity." autho The performing performing rights rights societiessocietiesThe ASCAP, BMI, BM!, and and SESAC-had SESAC-had ASCAP, sought to to have have operators operators list list their their sought and phonographs at at each each location location and phonographs file an update every month . This, file an update every month. This, they contended, contended , was was necessary necessary to they to enforce the the law. law. enforce However, the the AMOA, AMOA, and and phophoHowever, and operanograph manufacturers nograph manufacturers and operators pointed a such a that such out that pointed out tors regulation would place a great regulation would place a great burden on on operators operators and and would would burden prejudice the confidentiality of each prejudice the confidentiality of each operator's locations. locations. operator's The Copyright Copyright Tribunal Tribunal also also dedeThe cided in in favor favor of of the the operators operators on the cided on the and format the question of what size question of what size and format the certificates would would take. take . Operators Operators certificates had requested requested the the certificates certificates meameahad sure one-inch-by-three-inches one-inch-by-three-inches so so that that sure they could be placed placed in the record record they could be in the selection slots slots on on the the phonographs. phonographs. selection In fact, fact , the the certificate certificate will will consist consist of of In parts-each part part of of which which will will two parts-each two measure one-by-three one-by-three inches inches so so that that measure the entire entire certificate certificate may may be be placed placed in in the the slots. slots . the The AMOA AMOA and and operators operators also also The out with with its its request request that that single single won out won applications should should be be allowed allowed for for applications multiple units. units . The The performing performing rights rights multiple societies had had unsuccessfully unsuccessfully requestrequestsocieties ed separate separate filings filings for for each each individual individual ed phonograph . phonograph. The information information which which operators operators The will be be required required to to give give includes includes the the will name of of the the following: the the legal legal name following: (if the the operator operator is is a a operator (if operator partnership, the the name name of of at at least least one one partnership, individual partner partner must must be be given given in in individual the application); application) ; the the full full address address of the of the operator's operator's place place of of business; business; the the the name of of the name the manufacturer; manufacturer; the the serial serial number of of the the jukebox; jukebox; the the name, name, number address, and and telephone telephone number number of of address, an individual individual who who can can be be contacted; contacted; an and the the signature signature of of the the operator operator or or and duly-designated agent agent of of the the operaoperaduly-designated tor. tor. As far far as as phonographs phonographs which As which do do not have have serial serial numbers, numbers, the the applicaapplicanot is somewhat somewhat longer. longer. tion procedure procedure is tion Forthese these phonographs, phonographs, the the operator operator For must give give the the model model number, number , the the must model year year and and name, name, the the type type of of model sound system, system, the the record record capacity, capacity, sound and the the charge play. and charge per per play. The AMOA AMOA had had asked asked that thatjust just the the The model number, number, name, name , and and record record model capacity be capacity be required required of of jukeboxes jukeboxes lacking serial lacking serial numbers. numbers. But But the the Tribunal concluded, concluded, "We "We believe believe that that Tribunal and type type of of the charge charge per per play play and the sound system system will will assist assist in in the sound the identification of of players players having having no identification no In order order to to avoid any serial numbers. numbers . In serial avoid any question as as to to the the validity validity of of aa license license question sound system where the the charge charge or or sound where system is is changed during the period of license, changed during the period of license, we have have modified modified the the proposed proposed we regulation to to specify specify that that this this ininregulation formation shall shall be be given given as as of of the the formation ." time the time the application application isis signed signed." By contrast, the performing rights By contrast, the performing rights societies had had asked asked that that this this informainformasocieties all phonographs. phonographs. tion be required of all tion be required of But the the Copyright Copyright Tribunal Tribunal disagreed But disagreed with this this request, request, stating, stating, "The "The with statutory requirements of manufacmanufacof ts requiremen statutory turer and and serial serial number number appear appear to to turer provide sufficient To provide sufficient identification. identification. To require supplementary information require supplementary information for all all players players would would be be inconsistent inconsistent for with the the language language of of the the Act, Act , place place with an undue undue burden burden on on operators, operators, and and an in additional additional operating operating costs costs to to result in result be deducted available be deducted from from royalties royalties available ." to copyright copyright owners to owners." Another decision decision by by the the Copyright Copyright Another boxes-with Tribunal was was that that wall wall boxes-with Tribunal jukeboxes as as remote remote units-will units-will be be jukeboxes considered as one box box for licensing considered as one for licensing purposes. s. purpose Also, replacement replacement license license certificertifiAlso, cates will will cost cost four four dollars, dollars , and and cates applications for for them them must must contain contain a a applications how the the notarized affidavit affidavit explaining explaining how notarized original license license was lost or or destroyed original was lost destroyed.. Four dollars dollars is is also also the the charge charge for for Four licenses issued issued after licenses after July July 11 in in any any given year. given year. This Copyright Copyright Law, Law , which which went went This into effect effect January January 1, 1, requires requires all all into jukebox operators operators to to register register their jukebox their January 31. 31. OperaOperaphonographs by by January phonographs tors will will be be assessed assessed aa fee fee of of eight eight tors dollars for for each each box box which which will will be be dollars paid to to the the owners owners of of the the copyrights copyrights paid of the the musical musical pieces pieces that that are are played played of in the the phonographs. phonographs. in With about about 500,000 500, 000 jukeboxes jukeboxes With in use, use , the the new new law law should should now in now $4 generate an an annual annual pool pool of of about about $4 generate million out out of of which which composers' composers' million will be royalties will royalties be paid paid..