o
E All G
Copyright Tribunal wins court baHle,
AMOA plans to appeal jukebox ruling
The AMOA and jukebox opera -
tors across the country suffered
another setback in their battle to
overturn the unfavorable ruling by
the Copyright Royalty Tribunal
(CRT) that jukebox operators would
have to disclose a list of the jukebox
locations .
IMI sues jukebox operator
BMI (Broadcast Mu ic. Inc .) has
instituted its first federal court action
citing unlicensed jukebox use of its
music by a Houston club owner .
The world's largest music licensing
organization, BMI, is designated as a
performing rights society in the new
Copyright Act (Public Law 94-553) .
Under that law. the operator of a
coin -operated phonorecord player
may obtain a compulsory license to
perform copyrighted music publicly
by filing an application with the
Copyright Office. Upon payment of a
per
current annual royalty of $
jukebox. the operator obtains and
affixes a certificate to each machine
indicating compliance with the law .
Because the Mark IV Club and
J.F. Humphrey, known as Chick
Humphrey. doing business as Mark
IV Club, 15007 1 12 Lawndale, Hous-
ton. Texas have failed to comply,
BMI instituted legal action for
jukebox copyright infringement. The
first suit of its kind by BM!. it signals
BMI's intention to cite jukebox
infringers nationwide.
BMl's suit, which was filed in the
United States District Court, Hous-
ton . Texas February 20, 1979.
all ge that their copyrighted songs
were performed at the Mark IV Club
without authorization and in violation
of the U .S . Copyright Act.
The songs involved in the action
are "Cold Cold Heart." written by
Hank Williams . published by Fred
Rose Music. Inc .: "Grease." written
by Barry Gibbs, published by Stig-
wood Music. Inc .: " Last Dance. "
written by Paul Jabara , published by
Primus Artists Music and Olga Music ,
and "Come and Get Your Love."
written by Lolly Vegas published by
Blackwood Music. Inc . and Nova -
lene Music .
In the complaint, the plaintiffs seek
statutory damages together with
attorneys' fees and court costs .
Broadcast Music. Inc . is the largest
music licensing organization in the
world. representing over 55,000
writers and publishers. Over sixty
percent of the music played on
American radio stations in the past
year is licensed by BM!. It also has
reciprocal agreements with 39 tor-
eign performing rights licensing
organizations around the world,
making its music available there and
representing foreign music in this
country.
U .S . District Court Judge Aubrey
Robinson . Jr. denied the AMOA 's
request for an injunction February 22
and granted the CRT's motion to
dismiss the case against it . No reason
was given for the judgement.
Fred Granger, executive vice
president for the AMOA , said of the
ruling , " We're disappointed , but we
plan to appeal to the U .S . Circuit
Court of Appeals ." The AMOA now
has thirty days from the February 22
ruling date to make its appeal.
Among the charges the AMOA
had made in its suit was that the CRT
was " improperly organized in the
legislative branch of government. " A
second constitutional question which
the AMOA suit raised was that the
"requirement of location lists cuts
across the jukebox operators' rights
to due process ." The argument
centered around the contention that
the operators' rights of privacy and
undue governmental interference
were being violated .
Fire damage
A fir
January 21 at Public
V ending
o mpany in Englewood ,
Co lorado ca used an
estimated
$125 .000 in damage .
The fire. which was reported at
:27 on a Sunday morning . was
apparently ca used by a faulty
florescent light fixture .
Two firefighters were slightly
injured in the blaze and were
subse quently treated and released
from th e hospital.
Arcade association considered
A group of arcade operators who
operate predominantly in enclosed
regional shopping malls are consider-
ing organizing their own association .
And toward that end , they are
expected to meet sometime this
month to draw up more concrete
plans .
According to Merrill Millman of
Aladdin 's Castle . Inc .. the purpose of
forming a national association for
arcade operators is manyfold . It
would . said Millman , " provide a
8
forum to discuss the best solutions to
business problems peculiar to our
types of operation ." H e specifi ed that
among the problems the association
would address itself to would be
security, employee procurement ,
game mixes , and insurance .
Millman said that it wasn 't clear
whether or not the arcade association
would be expanded to take in arcade
operators not operating in enclosed
shopping malls .
The arcade operators met this past
year at the AMOA conven tion when
Tico Bonomo of Time Out Family
Amusement Centers organized the
meeting . Among those who re -
portedly were at the initial meeting
were Bonom o, Millman , Ted Olson
o f Time Zone . James Ginsburg of
pace Port. Jerry Kroos of Funway
Freeway . Danny Levin of Dream
Machine .
At presstime . the site or time of the
second formative meeting was un -
decided .
PLAY METER , March , 1979