Play Meter

Issue: 1981 May 01 - Vol 7 Num 8

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May 1, 1981
rolume 7, Number 8
J B I ist battle
The AMOA's jukebox location list
battle was lost in February when the
U.S. Supreme Court refused to hear
the case. In denying the AMOA
appeal, the Supreme Court let stand
a lower federal court ruling which
upheld the Copyright Royalty
Tribunal's authority to require
operators to file lists of their jukebox
locati ons in order to be in
compliance with the law.
The battle, which saw the creation
of a special AMOA legal defense
fund, cost over $100,000. AMOA is
continuing with the legal action fund ,
however, to challenge still another
part of the unpopular law, that is, the
increased per-box royalty rate set by
the CRT.
Nova Apparate
cha nges hands
The Gauselmann-Automaten Group
(West Germany) has acquired as of
March 1, 1981 the internationally
well -known import/ export company
Nova Apparate GmbH Co. KG .
Hamburg.
Nova Apparate , one of the leading
firms in the European coin machine
trade, was solely owned up to this
date by its founder , A.W . Adickes,
who, due to his advanced age,
decided to sell his company. The
proceeds will be tt a nsf erred to the
Karla and · Alfr e d W . Adickes
Foundation, the means of which are
used for charitable purposes.
Nova is one of the pioneers in the
field of amusement machines .
Already by in the early fifties , it
imported the first amusement
machines for the growing leisure
industry in Germany and later also
for many European companies.
Nova is sole importer for Rock-Oia
phonographs and vending machines
continued on page 10
But it has been the jukebox
location list battle which many
operators placed as the main fight.
They argue that the location lists are
confidential business information
and that to give up these lists to a
federal agency would jeopardize
their businesses by leaving them
open to future broadsides from so-
called "blue sky" operstors who sell
direct to locations.
The AMOA challenge centered on
its contention over what constitutes
"access" to the jukebox. The CRT-
which, according to the law, must
distribute the royalties collected by
the performing rights societies-
stipulated that the performing rights
societies must have access to
licensed jukebox locations so they
can sample selections.
To the lost fight, the AMOA had
no official reaction through its
executive offices in Chicago. It was
undecided whether or not the
AMOA legal counsel would pursue a
challenge of the CRT's constitution-
ality in passing its decisions.
The association has filed as a court
intervenor in a challenge of the CRT
decision in Dece mber to raise
mechanical royalty rates on record
sales to 4 cents per song. And in the
appeal of the scale of per-jukebox
rates , the AMOA counsel and
attorneys for the CRT were due in
federal court in Chicago on March
23, said Nick Allen , general counsel
for the AMOA.
On the court confirmation of the
requirement for operators to turn
over location lists, AMOA Executive
Vice President Leo Droste said the
matter in February was "under
advisement for possible course of
action but there is nothing official at
this time ."
Allen said the Supreme Court's
refusal to hear the location lists
requirement appeal did not address

IS
lost
the challenge of constitutionality of
this requirement.
Meanwhile, operators were filing
applications for jukebox royalty
licenses at a rate "right in line with
last year," according to the U.S.
Copyright Office. Walter Sampson ,
chief of licensing, said at the end of
February certifications had been
issued for a total of 89,595 machines,
which at the current $8 per-box rate
had collected $716,762 in royalties.
During 1980, 136,000 jukebox
licenses were issued , Sampson
pointed out.
In the mechanical fees matter,
under which the operator pays
another royalty fee of 4¢ per song
continued on page 9
Rock-Oia copy
hit with action
FRAN KFURT/ MAIN - A West
German court has found in favor of
Rock -Ola Manufacturing Co. of
Chicago with an injunction against
an alleged copy of the Rock-Ola-
licensed Star Castle video game.
Rock -Oia's attorneys had been
able to convince the Frankfurt court
on January 23 that Video Games
Gmbh's Space Castle had infringed
against Star Castle. Rock-Oia has
licensed the game from Cinema-
Ironies, Inc ., of El Cajon, California,
which granted exclusive manufac-
turing and distributing rights in
Europe.
The matter had arisen in London
at the ATE show, where the German
manufacturer was warned of
potential action to be taken if the
Space Castle game were shown in
the IMA trade affair in Frankfurt.
The game was removed from the
British show without legal action.
Dr. David R. Rockola explained,
continued on page 9
NEWS UPDATE
Vol. 7, No.8
May 1, 1981
Staff
Publisher and Editor:
Ralph C. Lally II
Editorial Director:
David Pierson
Managing Editor:
Ray E. Tilley
Administrative Assistant :
Valerie Cognevich
Art Director:
Katey Schwark
Circulation Manager:
Renee' C. Pierson
Te chnica l Contributors:
lac Oliver
Randy Fromm
Frank Seninsky
Correspondents :
Patrick Matthews
Roger C. Sharpe
Charles C. Ross
Dick Welu
Mary Claire Blakeman
Irving Blackman
Joseph Arkin
Tony Licata
Classified Advertisi ng:
Valerie Cognevich
Advertising Manager:
David Pierson
European Representative:
Esmay Leslie
PLAY METE R, May 1, 1981 .
Volume 7, No. 8. Copyright 1981 by
Skybird Publishing Company. PLAY
METER (ISS
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2
Pacific Novelty
hits the water
After months of research and
development and field testing,
Pacific Novelty Manufacturing, Inc .
has begun producing its first video
game, Shark Attack.
Led by its president, Brian Semler,
the Marina del Rey, California firm
first showed the game at the 1980
AMOA show in Chicago.
"We called the prototype Deep
Death," said Semler. "Reaction at
the show was terrific . Because of the
game's unusual playing perspective
and its rather bizarre sound track,
people were drawn to the booth , and
later everybody wrote about it. We
thought changing the name to Shark
Attack would be a little more
revealing- and the field testing
results have indicated that the entire
package is a winner." [See the New
Products pages of this NEWS
UPDATE for more details of the
uideo game.]
For the job of seeing a company
through its infancy, Semler has spent
seven years preparing: he started as
the European-American liaison for
Segasa and Williams Electronics.
Later, with his brother Larry Siegel
(now the president of the Seeburn
division of Stern Electronics), began
a distributing and route operation in
the San Francisco area . Four years
later, he began developing video
games and licensing them to various
manufacturers.
According to Semler, manufactur-
ing his own games was the "ult imate
step of the progression." He said,
" We have seven more games
planned for this year All of them will
be well -built, unique, and have the
operator in mind . Shark Attack is a
great start."
Among recent additions to
Pacific's national distributor ne twork
are General Vending Sales Corp. of
Baltimore and Circle International of
Los Angeles.
U.S. Team Open cues up
MILWAUKEE- Ready to break
during the weekend of April 4 and 5
will be the National Pocket Billiard
Association's third annual "Schlitz
Cup" U.S. Team Open Tournament,
with a purse of $25,000 based on the
number of expected entries.
Two innovations this year are the
rule allowing players to enter the
Schlitz Cup rounds twice, on two
differently constituted and qualified
teams from their league, and the
guarantee that one win will put a
team in the money with a minimum
award of $200.
Of these changes, an N.P.B.A.
spokesman explained: "We wanted
to encourage teams in areas remote
from Milwaukee, from even as far
away as Southern California,
Washington, and both coasts of
Canada, to attend the tournament.
By allowing each player to enter
twice at a discounted fee," he
continued, "yet limiting each team to
a single entry, we're able to give
these people additional opportuni-
ties to win at a reduced cost per
player without exposing anyone to
the experience of having to play the
same team twice, or the same player
more than twice."
Distant travelers to the tournament
will also be given byes in the early
rounds, the spokesman added.
The tournament will be held at
Bayview Manor, 2535 South
Kinnikinnic, Milwaukee.
Entry forms are available at local
Schlitz distributors' displays- or call
the National Pocket Billiard
Association: 414/ 672-3935; write:
2635 West Burnham Street ,
Milwaukee 53204.
To qualify, all four players on a
team must have competed regularly
among one another on the same
season schedule, and verfication of
this is required in the form of league
or team rosters, score sheets, or
other evidence.
First team entry fee is $300;
second team, $200 additional fee ;
third team, $100 additional; down to
an added $50 for a fourth team. It is
not necessary to send the fee with an
entry; the league will be billed at a
later time.
The 1980 event hosted 216 players
and awarded over $10,000 plus
trophies and patches. First place
prize money alone was $5,250
awarded to the women's and men's
Schlitz Cup winners. Forty
additional cash awards and prizes
were presented last year in the
t::>urnament.
PLAY METER, May 1, 1981

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