Play Meter

UPDATE EDITION
February 1, 1980
Vol. 6, No. 2
Location listings not used··CRT
By VIcki Darlington
The two major performing arts
societies. ASCAP and BMI. volun -
tarily agreed upon equal shares of
the 1978 royalty distribution "pie".
with SESAC opting for a lesser
sum - without even having to use the
jukebox location lists which operators
have contended all along were
needless ,
PLAY
METER
has
learned .
However. according to a Copy-
right Tribunal official , the contro-
versial requirement forcing operators
to supply location listings to the CRT
will remain in effect. The listin~s were
not used to distribute '78 royalties
since the three performing arts
societies agreed to shares without
dispute. CRT Commissioner Thomas
Brennan
told
PLAY
METER .
However . if current litigation before
the U .S. Second Court of Appeals
for the District of Columbia (PLAY
METER . January 15. 1980) to set
aside the listings requirement is
unsuccessful. Brennan claimed. the
performing rights societies would
probably use the location listings .
Copyright
owners.
Brennan
continued. did not make use of the
listings to distribute '78 royalties since
there was " no controversy" and "vast
numbers of jukebox operators have
not complied with the law," thereby
making information incomplete . The
performing arts societies. however,
made statements before the CRT that
the listings were vital even though
they apparently were not needed
during the las distribution period .
But the performing arts societies,
which . incidentally , argued for the
location listings requirement in the
first place. apparently don 't agree .
The answers we received from both
ASCAP and BMI spokesmen were
different - and sometimes confusing.
An attorney for ASCAP reported
that the listings were necessary to
allow copyright owners to determine
whether their work is performed on
licensed jukeboxes so that claims
may be made to the CRT for the
proper share of license fees . And.
ASCAP continued. since it is next to
impossible to account for each
performance of a performing arts
society's work . the next best way to
account for performances is a
scientifically designed sample which
" won 't account for each and every
performance but will be a valid
representation of performances -
something like a political poll . It has
an essential element of fairness in it."
The listings . ASCAP feels, will
help its economic consultants deter-
mine whether a survey may be
designed to reflect accurately which
songs have been performed . And,
according to ASCAP's way of
thinking . the listings will allow the
copyright owner to know where to go
to conduct a survey . "If the copyright
owner does not know where the
licensed jukebox is located. he
can 't possibly determine what has
been performed . He can 't, for
instance . walk up and down the
pavement of every city in the world,"
he said .
ASCAP's ·economic experts are
trying to make a final determination
as to the economic and scientific
feasibility of a survey and are betting
that location lists will help them
make a decision . " If jukebox oper-
ators only pay $1 million in licensin~
fees . and the survey would cost $3-4
Continue d on page 4
Pete Kauffman . Exidy president. right, welcomes the firm's new national
sales manager. Larry Hutcherson. back to the company where he will be
working with Games Marketing Manager Lila Zinter .