Before the COPYRIGHT ROYALTY TRIBUNAL Washington, D.C.
In the Matter of:
1982 AND 1983 JUKEBOX ROYALTY Docket No. 83-2 DISTRIBUTION PROCEEDINGS Docket No. 84-2 83JD
RESPONSE OF ASCAP, BMI AND SESAC
The American Society of Composers, Authors and Publishers ("ASCAP"), Broadcast Music, Inc. ("BMI") and SESAC, Inc. hereby respond to the Copyright Royalty Tribunal's Order of July 30, 1985. The Tribunal requested all parties to furnish "a representative sample of the most performed Spanish-language songs in the catalogue." Accordingly, ASCAP, BMI and SESAC have prepared such lists, based on the information each possesses concerning the most-performed works in its repertory. We have consolidated these lists into one joint list for each year in question, because we are filing a joint claim. In addition, works are sometimes co-written by members or affiliates of different societies; the joint lists do not duplicate such works. The lists include works written and owned by our members and affili- ates and works written and owned by foreign writers and pub- lishers which we license in the United States by virtue of our affiliation agreements with foreign performing rights societies. The list of works for 1982 is attached as Appendix A; the list of works for 1983 is attached as Appendix B.
Respectfully submitted,
AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS
Bernard Korman One Lincoln Plaza New York, New York 10023 Of Counsel: I. Fred Koenigsberg Beverly A. Willett
BROADCAST MUS I C g INC ~
Edward W. Chapin 320 West 57th Street New York, New York 10019 Of Counsel: Charles T. Duncan Michael W. Faber Lisa Holland Powell REID & PRIEST 1111 19th Street, N.W. Washington, D.C. 20036 SESAC, INC.
Nicholas Arcomano 10 Columbus Circle New York, New York 10019 Dated: August 9, 1985 APPENDIX "A" 1982
TITLE AUTHOR(S) PUBLISHER'(8) PERFORNER(S) dios E. Madriguera Peer International Madriguera E. Woods Corp.
Adios Mariguita R. Gilbert, Peer International Artie Shaw Linda S. Jimenez Corp.
Alla En El E. D. Ur anga E. B. Marks Gran Combo Rancho Grande J. D. Del Moral Tito Guizar Bartley Costello Andrews Sisters P. Faith H. Remington California Brass Nashville Brass Edmondo Ros G. Autry P. Mariachi R. Hilton Glen Gray Casa Lorna Game Organist Bing Crosby Atkins G. Gray Tex Ritter Freddie Fender Ramas Costello A. Shaw T. Pastor
Amapola A. Gamse, Edward B. Marks Jimmy Dorsey/ J.M. LaCalle Music Co. Helen O'onnell
Amor R.L. Lopez Peer International Andy Russell G. Ruiz Corp. S. Skylar Amor Brujo El Manuel de Falla Chester JW W DeFalla w/ Sierra Gregorio Hansen LTD N.Y. Philharmonic Martinez Edition Wilhelm DeFalla w/Phila- Hansen/C delphia Orchestra Manuel de Falla DeFalla w/London Philharmonic DeFalla w/Horne & M. Mez DeFalla w/New Philharmonica Orchestra Shirley Stokowski Uerrett
Amor El Amor Condon D. De La Canciones Del D. Daniel (El) Campa Nundo Edit.
Amor No Me Camilo Cortes Larry Spier Inc. C. Sesto Ignores Blanes Trina Jill Music Corp.
Atada A Nada Camilo Cortes Arrbella Nusicales L. Mendez Blanes Edic. Larry Spier Inc. Trina Jill Music Corp.
Ayud arne Camilo Cortes Peter David La Pandilla Blanes Music Co., Inc. C. Sesto
Babalu N. Lecuona, Peer International Desi Arnaz S.K. Russell Corp.
Baia A. Barroso, Peer International Xavier Cugat R. Gilbert Corp.
Baile de Manuel Alicart Intervox Music M. de Jesus Los Curedo September Music Orchestra Paj aritos Werner Thomas Tabaso Luis J. Uan B. Sinaloenoe 1 Rijmenant Lizarraga R. De Cruz Begin the Naria Grever Harms, Inc. C. Ramirez, Beguine Cole Porter J. Iglesias, W. Porter
e Nine M.T. Lara, Peer International Caterina Valente Tonight S. Skylar Corp.
Besame Mucho S. Skylar Peer International Jimmy Dorsey C. Valezguez Corp.
Bolero Beguine Perdomo Ricardo Perdomo Ricardo Garcia Garcia
Borrare Tu E. Coki Navarro Golden Sands Ent. Lupita D'Alessio Nombre Arianna Gaupo Mazz
Brazil A. Barroso, Peer International Frank Sinatra S.K. Russell Corp.
~zhe Breeze E. Lecuona, Edward B. Marks Jimmy Dorsey And I A. Stillman Music Co. J. Dorsey, B. Eberly, Four Freshmen, E. Grant, A. Jamal, H. Mancini, J ~ NcDuff, C. Valente, B. Murrow, J. Melis, F. Martin, R. Kawasaki, Camarata, L. Almeida, G. Shearing, P. Faith, Bert Kaempfert, B. Nay, X. Cugat, A. Lecuona, R. Goulet, Waldorf Astoria Orchestra Cancion Jose Lopez E.B. Marks Music Antonio Aguiloar Mixteca Alavez Lola Beltran Bartley Costello C. Sanchez
ego Aderaldo Egberto A. Gismonti Black Sun Music & Garbarer H. Gismonti Gismonti Edition
Chiu Chiu Nicanor Nolinare A.P. Schmidt Co. Xavier Cugat Chart Music Pub. L. Ronay House Sy Oliver Orch.
Come Closer A. Stewart, Peer International Andy Russell To Ne 0. Farres Corp.
Corno Una Ola Sanchez J.L. Blue Network Music R. Jurado Armenteros Inc. Ibarz Pablo RCA Ed. Espanola Herrero
Egberto Gismonti Black Sun Music & Egberto Gismonti Gismonti Edition
Corcovado A. Jobim Duchess Music Sarah Vaughan G. Lees Corp. Cuando Abras Homero Aguilar- Golden Sands J. Pal ara Los Ojos Cabrera Enterprises
Cuanto Te Debo Claudio Roman Nest Indies Music Josefina Guinot Por Acostarme Co. Contigo
Culpable 0 Camilo Cortes Larry Spier Inc. L. Nendez Inocente Blanes Trina Jill Music
Dejame Oscar DeFontana Fonsa Music Inc. Oscar DeFontana Delicado Waldir Azevedo Remick Music Corp. S. Kenton P. Faith J. Last W. Muller T. Garret Three Suns Manuel and Orchestra J. Lawrence E. Rose E. Smith R. Fl anag an Derek S Ray B. Maxwell X. Cugat J. Dorsey S. Black G. Jenkins M. Ruiz Azevedo L. Welk C. Atkins
De Repente Egberto A. Black Sun Music Egberto Gismonti Gismonti Edition Gismonti
Desafinado A. Jobim, Bendig Music Stan Getz/ N. Mendonca Corp. Gilberto Hollis Music, Inc.
Deseo Vidal Sainz Fonsa Music, Inc. Oscar DeFontana Oscar DeFontana
Dragonfly William O'onnell O'onnell Music Dave Valentin
El Bimbo Claude Youcef Sugar-Melodi Inc. H. Alpert E. Ganem Sugar Music Tiajuana Brass Bimbo Jet P. Faith P. Nauriat Pepe Milo Johnny Santo J. Reeves Helms Morgan El Choclo A. G. Villoldo O'DiBella Music Moro Norales Orch. Co.
1 M. Hernandez Peer International Perez Prado Cumbanchero Corp.
(El ) Pavo Del Avila Cesar Unimusica Inc. Jose Luis Real Rodriguez
El Poderoso Elizardo Silva, Jr. Oliva Music Salsa Express
El Telefono Perin Vazquez Cartagena Pub. El Gran Gombo Flores
Ella Se Jose Maria Peg Int'1 Inc. J. Napoleon Ll amaba Napoleon
The Face Carlos Pingarilho Barnaby Nusic A. C. Jobim, I Love Ray Gibert Corp. J. Jones, Paulo Valle Janeiro Music A. Williams, Narcos Kastenbache Co. P. Valle, Valle A. Gilberto, S. Vaughn
Feliz Navidad Jose Feliciano J t H Publishing Jose Feliciano N. A. Nuniz
Flor De Garcia Ferro Peter David Music Julio Iglesias Piel, A Rafael De La Cuva Co., Inc. Julio Iglesias
Frenesi R. Charles, Peer International Artie Shaw A. Dominguez Corp. S.K. Russell
ata Bajo La Botija Garcia Arabella Musicales R. Dureal Lluvia R. Perez Edici ~ F. Pourcal Larry Spier Inc. Aivilda Trina Jill Music Nenique Gay Ranchero J. Espinosa, Edward B. Marks Xavier Cugat F. Luban Music Co. A. Tuvin
he Girl From V. DeMoraes, Duchess Music Stan Getz/ Ipanema N. Gimbel Corp. Gilberto A. Jobim
Goyito Perin Vazguez Cartagena Pub. El Gran Combo Sabater Flores
Granada D. Dodd, Peer International Frank Sinatra A. Lara Corp. Brass Ring, Southern Music R. Del Gato, Pub. Co., Inc. S. Franchi, Southern Music A. Hirt, Pub. Co. Pty. F. Laine, Agustin W. Lava, Dodd Lava, Mantovani, A. Martino, B. Ralston, F. Sinatra, J. Vale, C. Valente, P. Domingo, V. Carr, J. Gary, P. Faith, Rose, H. Winterhalter, M. Lanza, P. Prado,
He Venido A Alberto Aguilera- Larry Spier Inc. Juan Gabriel Pedirte Valdez Trina Jill Music Perdon Corp.
Green Eyes N. Nenendez Peer International Jimmy Dorsey E. Rivera Corp. A. Utrera E. Woods Guadalaj ara N. Guizar Peer International Xavier Cugat Corp.
uantanamera P. Seeger Fall River Music Sandpipers J. Diaz H. Angulo
Hasta El Final Oscar DeFontana Fonsa Music, Inc. Oscar DeFontana 6 Vidal Sainz
High Fly Randy Weston Black Sun Music Randy Weston P.J. Jones J. Carroll C. Adderly Dexter Gordon
How N. Gimbel Duchess Music Frank Sinatra Insensitive A. Jobim Corp.
Egberto A. Black Sun Music Egberto Gismonti Gismonti Gismonti Edition
La Cantante Claudio Roman Nest Indies Josefina Guinot Music Co.
La Flor de la I. de Granda Southern Music Hermanos Silva Canela Y Larco Pub. Co. Inc. Caribbean Strings, N. Silvestore Mendoza F. Silvestre Chabuca Grande Corti Canta Che Delgado Chicken Y Sus Comandos J. Torres Los Morochucbos Frank Purcel Orch. G. Hidalgo Los Anderieges El Combo de las Estrellas N. De Jesus N. Mores Los Cautro Hermanos La Flor de la A. Prieto Canela (cont.) Mariachi Zap V. Bianchi/Los Jaranistas A. Nendoza Marianchi Vargas de Tecal Nariba Chiapas A. Castillo Sonya/Miriam H. Suarez P. Violl Allegro 80 La Lupe A.R. Ortiz 0. Guillot P. Vargas Tipico de Tomas Burbano N.A. Vazques Chabuca Granada N. Viranco/Org. Tipica Oli A. Troilo 0. Chavez La Guitarra Mexicans de L. Oliva/E. Bulling Orch. N. Mistral/Orch. R.M.R. Armengol Rafael Suarez Cuarteto J. Iglesias
Latin and Jazz William O'onnell O'onnell Nusic Dave Valentine Dance
Latino Disco Rudy Salas Motor Music Tierra Co.
Loro Egberto A. Black Sun Music Egberto Gismonti Gismonti & Gismonti J. McLaughlin Edition Love Ne With R. Rigual Peer International Ames Brothers All Your Heart Corp. (Cuando S. Skyl ar Calienta El C. Nartinoli Sol)
Magic Is the C. Pasquale Peer International Nat King Cole Noonlight M Grever Corp.
Mal aguena E. Lecuona Edward B. Marks Caterina Valente Music Co. C. Atkins, R. Clark Ferrante-Teicher Harmonicals, A. Kostelanetz, E. Light, B. Merrill, C. Valenti, X. Cugat, C. Nontoya, S. Kenton, R. Laredo, W. Murphy, T. Garrett, 101 Strings, T. Heath, M. Gould, Living Strings„ A. Doc Severinson
Mama Inez W. Gilbert Edward B. Marks Tito Puente E. Grenet Music Co.
Managua A. Gamse Regent Music Corp. Freddy Martin Nicaragua I. Fields
Maria Elena L. Barcelata Peer International Jimmy Dorsey S.K. Russell Corp.
arta N. Simons Edward B. Marks Edmundo Ros W. Gilbert Music Co. P. Faith, Luis G. Roldan, P. Domingo, Simon
10 Me Basta Botija Garcia Larry Spier Inc. Jose Jose R. Perez Trina Jill Music
editation N. Gimbel Duchess Music Frank Sinatra A. Jobim Corp. Anthony Jobim N. Mendonca
Mentina Alberto Agiulera Golden Sands Ent. L. Miguel -Valdez P. Pinto
Mi Ultima Juan Calderun- Edit.Mus. De Angela Carrasco Cancion Fernandez Autores Asoc. Luis Rolda Gomes Sercop, Inc. Escolar
No Me Vuelvo A Alberto Golden Sands Juan Gabriel Enamorar Aguilera- Enterprises Valdez
Hernan Gutierrez & Oliva Music & Hernan Gutierrez Enildo Pardon Twelve O'lock Music
Noche De M. Lara Peer International Nat King Cole Ronda Corp.
Nunca Mas Camilo Cortes Larry Spier, Inc. C. Sesto Bl anes Trina Jill Music Armando Dedios
Oye Corno Va Tito Puente Planetary Music Santana, Pub. Tito Puente P. Faith, Bobby Hutcheson, Puente-w-Red Parrot Orchestra
11 The Peanut W. Gilbert Edward B. Marks Stan Kenton, Vendor M. Simons Music Co. Oscar DeLeon, N. Sunshine Fania All-Stans, T. Heath, Lawrence Wright, Rose, Edmundo Ros, Gilbert W. Simons, M.W. Simons, Vaughn, Johnny Ventura„ P. Prado, Ritchie Family
Piel A. Piel Claudio Roman West Indies Josefina Music Co. Guinot
Preso Botiza Garcia Larry Spier Inc. Jose Jose R. Perez Trina Jill Music Corp.
Claudio Roman West Indies Josefina Music Co. Guinot
Perfida A. Dominguez Peer International Xavier Cugat M. Leeds Corp.
Poinciana B. Bernier Edward B. Marks Bing Crosby M. Lliso Music Co. N. Simon
12 Quando Quando Charles Boone Witmark & Sons E. Humperdinck Quando Elio Cesari F. Laine Alberto Testa X. Cugat Ritmi E. Canzoni Pat Boone Caravelli Montovani Renistesta J. Vale Warner 7 Arts C. Francis E. Heckshell W. Muller Aegat Liz Damon Grady Martin C. Valente P. Faith Renis Verdes Pasteles
Que Nas Te Da Camilo Cortes Larry Spier, Inc. Camilo Sesto Blanes Trina Jill Music
ue Tal Te Beigbeder P.N. Blue Network Raphael Va Sin Mi Alvarez Music Orquesta Novel Romero Puirificacio RCA Ed. Espanola Casas
Quizas Johnny Burke Limerick Music B. Crosby Quizas Osvaldo Farres Corp. P. Bettiare Quizas Narke Music Pub. Ames Brothers Reganesgue Music Nat King Cole Co. P. Beltran Southern Music H. Mancini Pub ~ Farres Timo-Co Music
Rico Mambo P. Prado Peer International Perez Prado (Mambo Jambo) C. Towns Corp. R. Karl
ambiana Candido Banzato Mills Music Inc. Bugs Bunny Music
13 Savage Pampas Gutierrez B. Hispavo Mus. Edic. (Savage Pampas) Cues Ferraro
ay Si Si A. Stillman Edward B. Marks C. Atkins F. Luban Music Co. B. Crosby/R. Clooney Xavier Cugat Glenn Miller Mills Bros. Rivera Orch. S. Vaughn Andrew Sisters Lecuona B. May
Se Vende Un F. Jorge F. Jorge Paquitin Soto Corazon Quinones Quinones
Siboney Casado Ernesto CBS First X. Cugat Lecuona Catalog Inc. Mills Bros. Theodora Morse B. Crosby P. Faith Rose Lecuona P. Domingo C. Atkins
Stars In Your G. Ruiz Peer International Frank Sinatra Eyes M. Lopez Corp. M. Greene P. Weirick
Sway R. Bel tran Peer International Vic Damone N. Gimbel Corp.
Sweet and M. Portal Peer International Perez Prado w/ Gentle G. Thorn Corp. Ertha Kitt
Taboo (Tabu) S.K. Russell Peer International Perez Prado N. Lecuona Corp. Te Propongo Beigbeder P.M. RCA Ed. Espanola J.L. Rodriguez Separarnos Alvarez Larry Spier Inc. Romero Purificano Casas
Te Quiero Asi Juan Calderon Larry Spier Inc. Jose Jose Fernandez Trina Jill Music L. Hall Corp.
Tequila C. Rio Modern Music/Jat Chuck Rio Powerforce
Three R. Gilbert Peer International Bing Crosby Caballeros G. Esperson Corp.
Taco Tico E. Drake Peer International Ethel Smith Z. Abreu Corp. A. Oliveira
15 Vaya Con Dios James Inez Beachaven Music F. Fender Buddy Pepper Jarest Music S. James Larry Russell Mantovani R. Charles L. Dee Drifters Exotic Guitars M. Ford/L. Pauli Les Paul Ernesto Guerra Julio Iglesias P. King A. Kostelanetz A. Martino T. Mottola R. Price Ray Charles Singers J. Vale Inez a Charlie Mutilante Dawn Nat King Cole P. Page D. Gibson J. Garrett G. Autry Robbins James Russell Paul Ford R. Kladerman Paul & Fred Gifford L. Paul P. Corno B. Pepper
Vereda B. Cur iel Peer International Stanley Black Tropical Corp.
Vivencias Julio Iglesias Peter David Music Julio Iglesias Navarro De La Co., Inc. Cueva Jose Saenz De Jubera Wave A. Jobim Corcovado Music Wes Montgomery Corp.
o Quiero El P. Prado Peer International Perez Prado Mambo (Mambo Corp. No. 5)
You Belong To A. Lara Peer International Bing Crosby My Heart R. Gilbert Corp.
You'e Breaking Pat Genaro Music Sales Ink Spots My Heart Sunny Skylar Corp. F. Laine Living Strings Nantovani A. Nartino W. Skylar H. Thompson J. Vale Genaro/Skylar Vic Damone R. Goulet Dedri Ma Ain D. Martin C. Francis
Yours A. Gamse Edward B. Marks Jimmy Dorsey (Quiereme A. Rodriguez Music Co. Nucho) G. Ro ig J. Sherr
17 APPENDIX "B" 1983
~~TLE AUTHOR(S) PUBLISHER(S) PERFORMER(S)
Abrazame Garcia Rafael Ivan Mogull Music Julio Iglesias, Ferro Corp. Ray Coniff, Julio Iglesias Notas Magicas Ed. Stratta/Royal Philharmonic
Ad ieu Antonio Carlos Anne Rachel Music A. C. Jobin, Tristesse Jobim Corp. V. Autier, Vinicius de Meridian Soc. S. Black, Moraes les Nouvell R. Lewis, Andre Michel C. B. Eckstein, Salvet R. Burns, M. Denny, D. Grusins,
Adios E. Madriguera Peer International Madriguera E. Woods Corp.
Adios Mariquita R. Gilbert, Peer International Artie Shaw Linda S. Jimenez Corp.
Alla En El J. DelMoral, Edward B. Marks Bing Crosby/ Rancho Grande B. Costello Music Co. Andrews Sisters
Amado Mio Doris Fisher Doris Fisher Music B. Vaughn Allan Roberts Corp. Fisher Allan Roberts Music Co.
Amapola A. Gamse, Edward B. Marks Jimmy Dorsey/ J.M. LaCalle Music Co. Helen O'onnell
igos Amigos Milton Carlos RCA Jaguare Ed. R. Carlos Fantucci Bourdot Mus. Isolda Amor R.L. Lopez Peer International Andy Russell G. Ruiz Corp. S. Skylar
udame Cortes C. Blanes. Peter David Music La Pandilla Co.
Babalu M. Lecuona, Peer International Desi Arnaz S.K. Russell , Corp.
Baia A. Barroso, Peer International Xavier Cugat R. Gilbert Corp.
Be Mine M.T. Lara, Peer International Caterina Valente Tonight S. Skylar Corp.
Begin the Maria Grever Harms, Inc. C. Ramirez, Beguine Cole Porter J. Iglesias, W. Porter
Sunny Skylar Peer International Alpert-'Masakela, Consuelo Valezquez Corp. Boticelli, X. Cugat, J. Dorsey, P. Faith, T. Garrett, J. Gilberto, Trini Lopez, A. Russell, Duo Rodriguez-Perez, C. Valente, D. Carroll, R. Conniff, Esquivel Orchestra, Hi-Las, Toni Arden
Bim Bam Boom Harold Adamson CBS Robbins R. Marterie, John A. Camacho Catalog, Inc. J Elliot, Noro Morales P. Faith, D. Hyman, M. Valdez Born To Be Patrick Hernandez Okay Editions Los Omnis/ Al ive Radmus Pub. Patrick Hernandez Inc.
azil A. Barroso, Peer International Frank Sinatra S.K. Russell Corp.
Breeze and I Casaldo Ernesto E. B. Marks Music J. Dorsey, Lecuona Corps B. Eberly, Al Stillman Four Freshmen, E. Grant, A. Jamal, H. Mancini, J. McDuff, C. Valente, B. Nurrow, J. Nelis, J. Martin, R. Kawasaki, Camarata, L. Almeida, G. Shearing, P. Faith, Bert Kaempfert, B. May, X. Cugat, A. Lecuona, R Gouleti Waldorf Astoria Orchestra
Cantando Mercedes Simone CBS Robbins Mercedes Simone, Catalog, Inc. Charanga '76, V. Fernandez, L. Lemarque
Cego Aderaldo Egberto A. Gismonti Black Sun Music Garbarer H. Gismonti & Gismonti Edition
Hugo Montenegro Montage Music Elvis Presley Pub. Chicle de Alcaide Alejandro Editora Musical Menudo Amor Monroy Padosa, Inc. Carlos Villa-De- La-Torre
Chiquitita Buddy Mary UNICEF-Benny S. Abba, (Spanish McCluskey Anderson Cesa Costa, Version) UNICEF-Bjoern Los Barranqueros, Ulvaeus Pablo Beltram Rerez, Swedish Comm. Menudo for UNICEF UNICEF Music
Chiu Chiu Nicanor A. P. Schmidt Co. Xavier Cugat Molinare Sy Oliver Orch.
Clara Fernandez Editora Musical Menudo Alejandro Padosa, Inc. Monroy Carlos Villa- de-la-Torre
ome Closer A. Stewart, Peer International Andy Russell To Me 0. Farres Corp.
Concierto Vidre Joaquin Q. Schirmer, Inc. J. Rodrigo-w- Andaluz Francis Salabert San Antonio Concierto Joaquin Viare Joaquin Viare National Orchestra, Aranjuez Rodrigo Rodrigo Rodrigo-w-the Philadelphia Orchestra, Rodrigo-w-London Orchestra, Rodrigo-w-Tokyo Metropolitan Orchestra, Rodrigo-w- W. Diaz De Guilar, Rodrigo-w-Zabaleta, Rodrigo-w-Angel Romero, Rodrigo-w- J. Williams, J. Rodrigo, Rodrigo-w-S. Black, Rodrigo-w-Zabaleta- Harp, Rodrigo-w-Miles Davis, Rodrigo-w-San Antonio Symphony, W. Rodrigo, J. Williams, J. Williams/ Philharmonic, Philharmonic Orchestra
Corcovado A. Jobim Duchess Music Sarah Vaughan Corp.
Culpable Camilo Cortes Larry Spier, Inc. L. Mendez 0 Inocente Blanes Trina Jill Music Corp.
Culpable Soy Jose Mar Puron- April Music, Inc. Jose Luis Yo Picatoste Rodriguez Danse Rituelle Manuel de Falla Chester W. Boston Pops, du Feu Hansen Ltd. S. Fields, Edition Wilhelm M. Kelly, Hansen/c Shep Fields, Manuel de Falla Defalla-w-Phila. Orch., S. Bass
Dear Limmertz Jose R. Bertrami Black Sun Music Azymuth
Dej arne Oscar DeFontana Fonsa Music, Inc. Oscar DeFontana
Delicado Waldir Azevedo Remick Music Corp. S. Kenton, P. Faith, J. Last, W. Muller, T. Garrett, Three Suns, Manuel t Orch., J. Lawrence, Rose, E. Smith, R. Flanagan, Derek a Ray, B. Maxwell, X. Cugat, J. Dorsey, S. Black, G. Jenkins, Ms Rulzf Azevedo, L. Welk, C. Atkins
Desafinado A. Jobim, Bendig Music Stan Getz/ N. Mendonca Corp. Gilberto Hollis Music, Inc.
Deseo Vidal Sainz Fonsa Music, Inc. Oscar DeFontana Oscar DeFontana Desesperado Botija Garcia Larry Spier, Inc. Jose Jose R. Perez Trina Jill Music Corp.
everelveme Camilo Cortes Larry Spier, Inc. C. Sesto Mi Libertad Blanes Trina Jill Music Corp.
Dindi Ray Gilbert Ipanema Music N. Bobo, Antonio Carlos Corp. P. Corno, Jobim N. Connors, Louis Oliveira M. King, F. Sinatra, P. Jolly, J. Lucien, J. James, C. Byrd, C. Montez, Girls From Bahia, C. Longet, Hazell, A. Gilberto, A. C. Jobim, E. Fitzgerald
Donde Estas Marjorie Harper E. B. Marks J. Feliciano, Corazon Serrano Luis Music R. Ledezmo, Martinez E. Kitt
Dragonfly William O'onnell O'onnell Music Dave Valentin
Dueno de Beigbeder P. M. RCA Ed. J. L. Rodriguez Nada Alvarez Espanola Romero Purificacio Larry Spier, Inc. Casas
El Amor Brujo Manuel de Falla Chester JW Greeley Philharmonic W. Hansen, Ltd. Oregon Symphony Edition Wilhelm Minnesota Symphony Hansen/c Indiana U. Orchestra Manuel de Falla El Choclo A. G. Villoldo O'DiBella Music Noro Morales Orch. Co.
M. Hernandez Peer International Perez Prado umbanchero Corp.
El Poderoso Elizardo Silva, Jr. Oliva Music Salsa Express
En Mi Viejo Noel Estrada Music Sales Corp. J. Solis, San Juan Trio Los Panchos, Trio San Juan, Trio Vegabajeno, S. Montiel
Eres Tu Juan Carl Lopez Discorama Ed Mus Mocedades, Calderon Radmus Publishing J. Rodriguez, L. Baxter, 4 Brothers, P. Corno, R. Conniff, F. Cramer, P. Faith, E. Gorme, S. James, B. Kaempfert, 50 Guitars, N. Calderon, S. James, John Gary, 5 Popuchos, Roberto Del Gato
Esta Noche Llanos Barraza Golden Sands Ent. Los Angeles Negros, La Paso L. Gomez April Music, Inc. La Rondalla Tapatia, Contigo Alcon Ramon Arcusa P. Nava/D. Vargas Julio Iglesias Mariachi, Sonia La Unica, Rondalla de Saltillo, Los Tres Ases, L. Barrios, Maria Victoria, J. Iglesias Esta Tarde Canche A. Golden Sands A. Nanzanero, Vi L'lover Manzanero Ent. M. A. Nuniz, Trio Los Panchos, C. Sanchez, R. Yanez, P. B. Ruiz, Sonia La Unica, Esquivel, Pondalla Tapatia, P. Jaral, 0. Valenzuela, A. Russell, R. Bernal, S. Morales
The Face Carlos Pingarilho Barnaby Music A. C. Jobim, I Love Ray Gibert Corp. J. Jones, Paulo Valle Janeiro Music A. Williams, Marcos Kastenbache Co. P. Valle, Valle A. Gilberto, S. Vaughn
Fantasia Para Vidre Joaquin Schott Music Rodrigo-w-Mat. Orch. ~3n Gentilh Rodrigo Corp. Rodrigo-w-P. Romeo/ Schott a Co. Ltd. Guit, Rodrigo-w Je William/Guit
Feliz Navidad Jose Feliciano J & H Pub. Co. J. Feliciano, N.A. Muniz
Flor De Garcia Ferro Peter David Julio Iglesias Piel, A De La Cuva Rafael Music Co., Inc. Julio Iglesias
Frenesi R. Charles, Peer International Artie Shaw A. Dominguez Corp. S.K. Russell
ay Ranchero J. Espinosa, Edward B. Marks Xavier Cugat F. Luban Music Co. A. Tuvin The Girl From V. DeMoraes, Duchess Music Stan Getz/ Ipanema N. Gimbel Corp. Gilberto A. Jobim
~anada Dorothy Dodd Southern Music Brass Ring, Augustine Lara Pub. Co., Inc. R. Del Gato, Southern Music S. Franchi, Pub. Co. Pty. A. Hirt, Peer International F. Laine, Corp. Agustin W. Lara, Dodd Lara, Mantovani, A. Martino, B. Ralston, F. Sinatra, J. Vale, C. Valente, P. Domingo, V. Carr, J. Gary, P. Faith, Rose, H. Winterhalter, M. Lanza, P. Prado,
Green Eyes N. Menendez Peer International Jimmy Dorsey E. Rivera Corp. A. Utrera E. Woods
Guadalajara M. Guizar Peer International Xavier Cugat Corp.
Guantanamera P. Seeger Fall River Music Sandpipers J. Diaz H. Angulo
Hasta El Final Oscar DeFontana Fonsa Music Inc. Oscar DeFontana Vidal Sainz
10 Hasta Manana Edgar de Lange Bourne Co. Bing Crosby Osvaldo Farres Scarsdale Music Tito Rodriguez Corps
avy Vibes Vincent Vincent Montana, Montana Sextet Montana, Jr. Jr., Music
Hey Mario Balducci April Music, Inc. J. Iglesias, Alcon Ramon Arcusa Stratta, Giovanni Belfiore Royal Philharmonic, Julio Iglesias H. Kanter
High Fly Randy Weston Black Sun Music Randy Weston
How N. Gimbel, Duchess Music Frank Sinatra Insensitive A. Jobim Corp.
Insensible Alberto Aguilera- Larry Spier, Inc. Juan Gabriel Valdez Trina Jill Music Corp.
Latin and Jazz William O'onnell O'onnell Music Dave Valentine Dance
Latin Disco Rudy Salas Motor Music Tierra Co.
Little Miles Randy Weston Black Sun Music Randy Weston
Llego Con Tres Gilabert Migue Radmus Pub. J. Baez Heridas Hernandez Inc. Teresa JM Serrat Ed. Pip.
Loro Egberto A. Gismonti Black Sun Music John McLaughlin & Gismonti Edition Love Me With R. Rigual Peer International Ames Brothers All Your Heart R. Rig ual Corp. (Cuando S. Skylar Calienta El C. Martinoli Sol )
Magic Is the C. Pasquale Peer International Nat King Cole Moonlight M Grever Corp.
Malaguena E. Lecuona Edward B. Marks C. Atkins, Music Co. R. Clark, Ferrante-Teicher Harmonicals, A. Kostelanetz, E. Light, B. Merrill, C. Valenti, X. Cugat, C. Montoya, S. Kenton, R. Laredo, W. Murphy, T. Garrett, 101 Strings, T. Heath, M. Gould, Living Strings, A. Doc Severinson
Mama Inez W. Gilbert Edward B. Marks Tito Puente E. Grenet Music Co.
Managua A. Gamse Regent Music Corp. Freddy Martin Nicaragua I. Fields
12 Manteca Pozo Luciano Music Sales Dizzy Gillespie, Gonzales Corp. H. Mann, Walter Gilbert U. Green, Faller Q. Jones, John Gillespie L. Schifrin, W. Herman, D. D'Rivera P. Newborn, L. Almeida/ R. Brown/ S. Manne, B. Shank, Pentagon
Maria Elena L. Barcelata Peer International Jimmy Dorsey S. K. Russell Corp.
Marta L. Wolfe Gilbert Edward B. Marks P. Faith, Rodriquez Moises Music Co ~ Luis G. Roldan, Simon P. Domingo, Simon Edmundo Ros
e Basta Botija Garcia Larry Spier Jose Jose R. Perez Inc. Trina Jill Music Corp.
Me Quedo Aqui Laureano Brizuela- P S 0 Limited E. Nazario Abajo Wilde Ednita Nazario Sonoeditora SA
Meditation N. Gimbel Duchess Music Frank Sinatra A. Jobim Corp. Anthony Jobim N. Mendonca
Menudo Clues Fernandez Alejand American Menudo Monroy Broadcasting Carlos Villa de la Torre
13 Mi Golondrina Irene Pintor Golden Sands L. Bel tran, Ent. M. Cesares, A. Martin, C. Solis, F. Silvestre, Ramon Ayala, Joe Bravo
Mi Mundo Tu Mariano Perez-Garcia Arabella Musicales C. Sesto Javier Losada-Calvo Edic. Rosa-Maria Giron- Avila Camilo Cortes Blanes
Mi Vida Botija Garcia R. Larry Spierg Jose & Jose Perez Inc. Trina Jill Music Corps
Nathalie Alcon Ramon Arcusa April Music, J ~ Iglesias Julio Iglesias Inc.
Me Vuelvo Alberto Aguilera- Golden Sands Ent. Juan Gabriel A Enamorar Valdez
No Te Vayas Hernan Gutierrez Oliva Music Hernan Gutierrez Enildo Pardon Twelve O'lock Music
No Vale La Pena Alberto Aguilera- Arabella Musicales Juan Gabriel Valdez Edic.
Noche De M. Lara Peer International Nat King Cole Rond a Corp.
Oye Corno Va Tito Puente Planetary Music Santana, Pub ~ Tito Puente, P. Faith, Bobby Hutcheson, Puente-w-Red Parrot Orchestra
14 Para Volver Beigbeder P. M. RCA Ed. Raphael, A Volver Alvarez Espanola G. Reyes Romero Purificacio Larry Spier Casas Inc.
Paso La Vida Jose Feliciano Deedle Dytte J. Feliciano Pensando Leonardo Schultz Music/Jobete Fuerte Suerte Music Jobete Music Co. Inc.
Peanut Vendor L. Wolfe Gilbert Edward B. Marks Stan Kenton, Rodriquez Noises Music Co. Oscar DeLeon, Simon Fisher Music Fania All-Stans, Marion Sunshine Corp. T. Heath, Lawrence Wright, Rose, Edmundo Ros, Gilbert W. Simons, M.W. Simons, Vaughn, Johnny Ventura, P. Prado, Ritchie Family
15 Perdido Erwin M. Drake Tempo Music C. Basic, Hans Lengsfelder Inc. Ray Camacho, Juan Tizol D. Ellington, A. Hirt, C. Laine, E. Light, BE Nay, J. W. Tizol, S. Vaughn, B. Kaemptert, C. Parker, Urbie Green, Ray Anthony, Ella Fitzgerald, J. Dorsey, Drake-w-Armstrong, Dizzy Gillespie, Clark Terry, Ray Barber Orchestra, S. Butera, L. Elgart, Duke Ellington/ Strayhorn B. Strayhorn, N. Davis/J. Forrest L. Elgart/Manhattan Swing Orchestra, Woody Herman,
Perfidia A. Dominguez Peer International Xavier Cugat N. Leeds Corp.
Poinciana B. Bernier Edward B. Marks Bing Crosby M. Lliso Music Co. N. Simon
Que Naravilla Silvestre Pamsco Pan Silvestre Fue Sentir American Music Co. Unimusica Inc.
e Tal Te Va Beigbeder P. M. Blue Network Raphael, Va Sin~ Mi~ Alvarez Music Inc. Orquesta Novel Romero Purificacio RCA Ed. Espanola Casas
16 Quiero Rock Fernandez Alejandro Sercop Inc. Menudo Nonroy Julio Cabezudo Seijas Carlos Villa-de-la- Torre Ed. Nus. de Autores Asoc. Quiroga Ediciones
Qui jote Gianni Belfiore April Music J. Iglesias Alcon Ramon Holland Music Arcusa Sunny Pops Diego Manuel Songs D. L. Calva Julio Iglesias
Rico Mambo P. Prado Peer International Perez Prado (Mambo Jambo) Corp.
Salvaje Marcelo Juan Larry Spier Inc. Lissette Failde Trina Jill Music Corp.
Sambiana Candido Banzato Mills Music Inc. Bugs Bunny Music
Say Si Si Casado Ernesto Edward B. Marks C. Atkins Lecuona Music Co. B. Crosby/R. Clooney Francia Luban Xavier Cugat Al Stillman Glenn Miller Mills Bros. Rivera Orch. S. Vaughn Andrew Sisters Lecuona B. May
Senora Mia Edgardo Diaz Editora Musical Menudo Alcaide Alejandro Padosa Inc. Monroy Carlos Villa-de-la- Torre
17 Si Un Dia Te Anthony Rios Unimusica Inc. Lissette Sientes Sol
'boney Casado Ernesto CBS First X. Cugat Lecuona Catalog Inc. Mills Bros. Theodora Morse B. Crosby P. Faith Rose Lecuona P. Domingo C. Atkins
Carlos Chavez G. Schirmer Inc. Chavez-w-N.Y. Sinfonia India Philharmonic -w-Bernstein conducting, and -w-L. De La Fuente
Joe Oscar Barrera, Barrera (Pub.) Delgado Sonrisas (Cues) J. Castaneda
Rain JuanJr'.F. Silvetti Barnegat-Music B. Silvetti ring (Lluvia de...) Adorno Corp'ispavox Mus. Edic.
S tars In Your G. Ruiz Peer International Frank Sinatra Eyes M. Lopez Corp. M. Greene P. Weirick
Suite de Carlos Chavez Boosey and Chavez-w-N.Y. Caballos de Hawkes, Inc. Philharmonic Vap Sway R. Beltran Peer International Vic Damone N. Gimbel Corp.
weet and M. Portal Peer International Perez Prado w/ tGentle G. Thorn Corp. Ertha Kitt
18 Taboo (Tabu) S. K. Russell Peer International Perez Prado M. Lecuona Corp.
' Quiero~ Asi~ Juan Calderon- Larry Spier Inc. Jose Jose Fernandez Trina Jill Music L. Hall Corp.
Tenias Que Ser Alberto Aguilera- Golden Sands M. Alberto Tan Cruel Valdez Ent. R. Durcal
Tequila C. Rio Modern Music/Jat Chuck Rio Powerforce
Terciopelo y Camilo Cortes Larry Spier Inc. C. Sesto Piedra Blames Trina Jill Music Corp.
Teresa William O'onnell Santa Publishing Mongo Santamaria Co.
R. Gilbert Peer International Bing Crosby Caballeros G. Esperson Corp.
Tico Tlco E. Drake Peer International Ethel Smith Z. Abreu Corp. A. Oliveira
Todo Se Beigbeder P. M. Blue Network Emmanuel Derrumbo Dentro Alvarez Music Inc. Amor-z Romero Purificacio RCA Ed. Espanola V. Fernandez Casas
19 Touch the Wind Lopez Juan Carl Discorama Ed. Mocedades Calderon Mus ~ R. Coniff Michael Edwin Radmus Pub. Inc. F. Cramer Hawker John Gary S. James J. Rodriguez P. Faith E. Gorme P. Corno Hawker Calderon Roberto Delgato Up With People
Tu Que Fuiste Alberto Aguilera- Golden Sands R. Durcal Valdez Ent. J. Gabriel
Valencia Lucien Jean Boyer Harms Inc. P. Faith Jacques Charles J. Black Clifford Grey M. Lanza Sanchez Jose Padilla E. Dabstetter K. Griffin R. Delgado 101 Strings
20 Vaya Con Dios Inez James Beachaven Music F. Fender Buddy Pepper Jarest Music Co. S. James Larry Russell Mantovani R. Charles L. Dee Drifters Exotic Guitars M. Ford/L. Pauli Les Paul Ernesto Guerra Julio Iglesias P. King A. Kostelanetz A. Martino T. Mottola R. Price Ray Charles Singers J. Vale Inez 8 Charlie Mutilante Dawn Mat King Cole P. Page D. Gibson J. Garrett G. Autry Robbins James Russell Paul Ford R. Kladerman Paul & Fred Gifford M. Paul L. Paul B. Pepper P. Corno
Vereda B. Curiel Peer International Stanley Black Tropical Corp.
Vivencias Iglesias De La Peter David Julio Iglesias Cueva Music Co., Inc. Julio a Navarro Saenz De Jubera Jose
21 Voy A Perder La Beigbeder P.M. RCA Ed. Espanola J. L. Rodr iguez Cabeza Alvarez Julio Iglesias Romero Purificacio Amor-z Casas
Wave A. Jobim Corcovado Music Wes Montgomery Corp.
Y Corno Es El Jose Luis M. Barnegat-Music J. L. Perales Perales Corp. Hispavox Music Edic.
Yo Quiero El P. Prado Peer International Perez Prado Mambo (Mambo Corp. No. 5)
You Belong To A. Lara Peer International Bing Crosby My Heart R. Gilbert Corp.
u're Breaking Pat Genaro Music Sales Ink Spots y Heart Sunny Skylar Corp. F. Laine Living Strings Mantovani A. Martino W. Skylar H. Thompson J ~ Vale Genaro/Skylar Vic Damone R. Goulet Dedri Ma Ain D. Martin C. Francis
Yours A. Gamse Edward B. Marks Jimmy Dorsey (Quiereme A. Rodriguez Music Co. Mucho) G. Ro ig J. Sherr
22 CERTIFICATE OF SERVICE I, I. Fred Koenigsberg, attorney in the office of Bernard Korman, Esp., hereby certify that, on August 9, 1985, I served a copy of the foregoing Response of ASCAP, BMI and SESAC on the Copyright Royalty Tribunal and counsel for the parties, as follows:
By mail: Copyright Royalty Tribunal llll 20th St., N.W. Washington, D.C. 20036 Dennis Angel, Esp. Counsel for Italian Book Corp. 350 Fifth Ave. Room 5019 New York, NY 10118
By personal service: Jose Luis Torres, Esp. Counsel for A.C.E.M.L.A., et al. Torres and Leonard, P.C. 250 West 57 Street Suite 2015 New York, NY 10107
I. Fred Koenigsberg A/B/S Exh. 18 X (Revised)
EXAMINATION OF 23 ESTABLISHMENTS LISTED IN LAM ATTACHMENT 12 WHICH LAM CLAIMS "HAVE A JUKE-BOX PERFORMING SPANISH LANG- UAGE TITLES, INCLUDING [LAM WORKS]" Establishment Results of Examination, 9/21-23/85 Alvarez Luncheonette No jukebox Asia de Cuba Now called La Taza g2 Restaurant; no jukebox - Cafe Andalucia Jukebox on premises, license status unknown El Antojito Restaurant No jukebox El Barin Restaurant Now Marie's Beauty Salon; no jukebox El Castillo Rojo Out of business; now occupied by .Rose Saigon Nightclub, has juke- box with no Spanish songs El Con-Con Now called El-Sa Restaurant; no jukebox El Deportivo Different. address, slightly different. name, unlicensed juke- box on premises El Flamboyan No jukebox Raul's Cafe Unlicensed jukebox on premises Oguendo Restaurant Now a hardware store; no jukebox El Inca Restaurant Unlicensed jukebox on premises Leon de Oro No jukebox Big Daddy Unable to locate such an estab- lishment .Las Penas Unlicensed jukebox on premises atin Castle No jukebox Manuel Morales Restaurant No jukebox Montero's Bar Jukebox on premises, license status unknown Miramar Restaurant Restaurant No jukebox Restaurant Guayaquil Now a refrigerator and air con- ditioning repair store Establishment Results of Exanination, 9/21-22/85
Quinteros Now a bank Aretama Out of business Salinas Ecuador Restaurant Now Iglesia de Dios Pentecostal Church isociacion de Compositores y Editores de Musica Latinoamericana 214 West 96 St. New York, N. Y. 10025 Tel. 212-866-gill
March 25th, 1985.~ KRJB PC Radio Robert, J. Booth Bdcstng. box 250 Monte Rio, Calif . 95462
Gentlemen: ACEMLA represents a good protion of Spanish American composers and/or editors of the Spanish lan- guage music. In fact, we specialize in the Spanish language market. We hold and/or own the copyrights to thousands of songs. Many of these have been played and/or performed during your daily programing, within the last few years. Enclosed you will find a general sample list, for your information, and so that you may check our legitimacy. As owners of these copyrights, we are entitled to performing rights royalties. We are not, or have never been members of any performing right organization in the United States. And none of these, ie, ASCAP, BMI, or SESAC, have any rights to any of our music. It is a fact, that many of our composers, if not all, have never received any performance royalty payment, although their music has been played in most radio and TV stations. And have been in many of your hit parades, and performed in your programs. We also know that most of you in our media management would like to provide, as the law requires. We can only motivate those whom produce the raw material for our industry, by paying their dues. Our composers have been neglected, for very long. We aim to change all this. We know that your cooperation w'ill be forthcoming. Particularly by supplying us with your music logs, so that we may identify, and pay accordingly which will be only fair to all. Asociacion de Compositores y Editores de Musica Latinoamericana
As representtatives of this minority group, we will consequently give our full support, and cooperation to all our music users. We speak and under- stand both languages, therefore, you may consult us in either. Since we represent the bulk of the Spanish foreign, modern music, we will provide you in the future with all the new and available recordings on a promotional basis. Furthermore, our catalog will be available to you, either on a blanket license as all other organizations, or on a "per number played, per number paid" basis. Naturally, an agreement. will have to be reached on either basis. We would also like to receive from you, ideas, and suggestions on how to interact., so that ours becomes a healthy and mutually agreeable relationship. Waiting to hear from you, I remain,
Yours truly,
L. Raul Bernard E/B/B EXh. ~ X DUPLICATIONS ON LAM ATTACHMENT 4
Pacae Title Du
1 Amor Comprado 18, 30 2 El Sueno 13 ~ 37 3 El Polvorete 12, 32, 39 4 Caminan Las Nubes 5, 4 Era Una Ilusion 5, 5 Era Una Ilusion 4, 5 Caminan Las Nubes g2 4, 8 Caminan Las Nubes y2 4, 8 Era Una Ilusion 4, 10 Mill Anos 20, 28 12 El Polvorete 3 / 32, 39 12 Tabaco 6 Ron 32 13 El Cachimbo 37 13 El Sueno 2/ 37 14 Ultimatum 31 14 El Mono 31 15 Hablame 34 15 Celos 34 16 La Negra Pola 33 16 La Revancha 17 Caballo Viejo 26 18 Te Amo Demasiado 30 18 Amor Comprado 1/ 30 19 Juliana 29 19 Tengo Derecho 29 20 De Amor Nadie Se Muere 28 20 Mill Anos 10, 28 21 La Medallita 27 21 Mujercita Buena 27 22 La Medallita 35 22 La Gozadera 35 23 Ay Doctor 36 23 Me Tiene Chiva 36 24 La Cascarita 25 24 El Tizon 25 25 La Cascarita 24 25 El Tizon 24 26 Caballo Viejo 17 27 La Medallita 21 27 Mujercita Buena 21 28 De Amor Nadie Se Muere 20 28 Mill Anos 10, 20 Page 2 Pacae Title Du licated Pa es 29 Juliana 19 29 Tengo Derecho 19 30 Te Amo Demasiado 18 30 Amor Comprado 1, 18 31 Ultimatum 14 31 El Mono 14 32 El Polvorete 3/ 12/ 39 32 Tabaco & Ron 12 33 La Negra Pola 16 33 La Revancha 16 34 Hablame 15 34 Celos 15 35 La Medallita 22 35 La Gozadera 22 36 Ay Doctor 23 36 Me Tiene Chivo 23 37 El Cachimbo 13 37 El Sueno 2 / 1 3 38 La Yegua Blanca 41 39 El Polvorete 3/ 12/ 32 41 La Yegua Blanca 38 A/B/S Exh. /& LAM CHART LISTINGS FOR LAM SONGS IN ATTACHMENT 4 (" RECORDS WHICH . . . APPEARED ON THE 1982-83 CHARTS AS MAJOR HITS" )
Title LAM Chart Attachment No. Amor Comprado 5, 7 Anita Tun Tun None Las Tapas 5 El Sueno 5, 6, Tabaco y Ron None El Polvorete 5, 7 Caminan Las Nubes 42 None Era Una Ilusion None Cerando Tu No Estas None La Tierra Donde Si Nace None Mamita Beso a Santa Clauss None La Sabrosita 6 La Tumbo a Pata None Con La Pulla Dobla None Mill Anos None Vagabundo None Resignacion None Faltandome Tu None El Cachimbo None Ultimatum 5, 7 El Mono None Hablame None Celos 5, 7 La Negra Pola None La Revancha None Caballo Viejo 5, 7 Te Amo Demasiado None Juliana None Tengo Derecho None De Amor Nadie Se Muere 5 La Medallita None Mujercita Buena None La Gozadera None Ay Doctor 6 Me Tiene Chivo 6, 7 La Cascarita None El Tizon None La Yegua Blanca None Rio Sucuy None Baracunatana None La Revancha None La Doncilla None Pedacito De Mi Vida None
Total Songs on Att. 4 = 43 Listed on LAM Charts = 11 Not Listed on LAM Charts = 32 A/B/S Exh. ~g X EXAMINATION OF 20 ESTABLISHMENTS LISTED IN LAM ATTACHMENT 12 WHICH LAM CLAIMS "HAVE A JUKE-BOX PERFORMING SPANISH LANG- UAGE TITLES, INCLUDING [LAM WORKS]" Establishment Results of Examination, 9/21-22/85 Alvarez Luncheonette No jukebox Asia de Cuba No jukebox El Antojito Restaurant No jukebox El Barin Restaurant No jukebox El Castillo Rojo Out of business El Deportivo Different address, slightly different name, jukebox on premises El Flamboyan No jukebox Raul's Cafe No jukebox Oguendo Restaurant No jukebox El Inca Restaurant Jukebox on premises Leon de Oro No jukebox Big Daddy Unable to locate such an establishment Las Penas Jukebox on premises Latin Castle No jukebox Manuel Morales Restaurant No jukebox Miramar Restaurant No jukebox Restaurant Guayaquil Now a refrigerator and air con- ditioning repair store Quinteros Now a bank Aretama Out of business Salinas Ecuador Restaurant Now Iglesia de Dios Pentecostal Church I'*IICHAEL KARL ERICKSON
Broadcast Consultant Box 250 f&lonte Rio, CA 95462
2 April 1985
l'lr. L ~ Raul Bernard ASOCIACION DE COI'IPOSITORES y EDITORES de MUSICA LATINOANERICA 214 Hest 96th Street New York, New York 10025
RE."Your letter of March 25th 1985 addressed to KRJB-FN Radio Station
Dear i'Ir. Bernard:
Your letter has been turned over to me for investigation and response. In your letter you stated that. you enclose a "general sample list" of compositions in your firm's repertoi re. You did not enclose such a list.. Please send it to n&e. You i clent i fy yoursel I's the "owner of copyri ghts" and I;voul d a 1 so 1 i ke to see some clocurnentation of this, if you aon't rrind, with the information specifically including the name of the composer, current address of same, phone number and name and title of recording(s) and the label upon which they were published. In paragraph five of your letter you mal:e certain allegations that your music has been played by I'RBB. I would like some clocumentation of this, with you showing the name of the composition played, date and time. The reason I ask for this i s because KRI38 plays O.'! LY music 1 denti fied on a record 1 abel as being ASCAP, Bj'lI and/or SESAC or any combination of those music publishers and composers'rganizat.ions. So, if you are claiming their con;positions are YOURS, I would like to know which ones we are talking about, because I wi 11 then refer the rnatter to their attorneys so that v!e can find out, why T'l!0 companies collect for the same compositions, and claim to issue blanket, licenses to radio stations.
You also invoke "the lavv" in your letter (i. e. "the laiv proviaes"}. Correct me if I am wrong, but YOl! are the one who has to furnish KRJB with the nacre of the song you claim they played and with other specifics. "The law does not require radio stations to provicle ,ou with any of their logs or playlists unless you can show that your claims are legitimat-. I have been in Radio for 30 years, mostly with big radio stations ancl public stations and neither I nor they have ever heard of your company, nor has the Attorney General 's Office. Could Jou tell me how you came i.o corn into being and whether your firm is a i'lew York Corporation, Partnership, Individual DBA, or what? I have a difficult time getting any readout on your company to confirm your legitimacy.
You i ndi cate that you .vi 11 provicle KRJB with all the new and available recordings 2. on a promotional basis" and that you "repr esent the bulk of the Spanish foreign, modern music..." I have looked through the music repertoire of KRJB and find no such recordings having ever been used. KRJB would not play any music anyway without it having the ASCAP, BNI or SESAC label on it.
I am very anxious to have a prompt reply to my letter. Please don't forget to include the data this time, because I will have to have someone check it all out. Thank you for your cooperation.
Sincerely,
Michael K. Erickson Broadcast Consultant cc: Legal Department, National Association of Broadcasters Legal Department, ASCAP, BMI and SESAC Office of the Attorney General, State of New York, NYC U.S. Copyright Office and Department of Justice KRJB-FH
PS: — I Telephoned New York telephone company information and they state that they do not have a listing for your business, either under its acronym "ACEMLA" or under its regular title. I spoke to both an Operator and a Supervisor. )!hat is going on? Is this an April Fool .joke or what? 2 April 1985
Legal Counsel, National Association of Broadcasters 1!ashington DC
Dear Sir:
The attached letter was received by KRJD today, and they referred it to me for a response.
I have heard of some groups claiming to be license-issuers and being bogus, and wondered i f you or your members had any readout(s) on the fi rm ACE[ lLA. i'ia Bel 1 came up with no phone listing. The letter is a standard form letter. KRJB does not play Latin-American compositions unless they are licensed by ASCAP and iit says so on the label oF the disk or disk jackets. I think you should alert your membership. L'ould appreciate any feedback. I sent ASCAP, Bi!I and SESAC copies of ACENLA's letter figuring that they could ascertain what is going on. KRJB carries blanket licenses with all three, and this is the first they'e heard of ACE!1LA and they wonder whether it is bogus, a scam or what. No data was included with their letter, just a request for lo s. !!ith blanket licenses, stations don' keep music logs. All that we use is liceased by ASCAP, Qf!I or SESAC. llhat gives?
i'like Erickson Broadcast Consultant
ENCLOSURE: ACEliLA LETTER Af'!D RESPO!'USE KCEMI A
Asociacion de Compositores y Editores de Musica Latinoamericana 214 West 96 St. New York, N. Y. 10025 Tel. 212-866-3111
ApjtiL12 Ch, 1985. Me. CLif( Ancho&,P.P. Radio SCafion KRJB Box 250 Bnoaclcaaking House l!ionize Ri o, CAL. 95462. Ge,aa (.4.. Anchor.: Youc 4ecenC Letter, and cLaim ChaC you do noC pLay any o$ ouc music has been JLLed accojtdingLy, 'I $ you onLy proceed a6 wCaXed, pLying onLy musicmh,iah hae been ~eo euler .idanel$led ao liaenoed Xhnough ASCAP,BHI oe SESAC, you may neve& neerl oua License..Howeve&, being a brtoadcaakee you muaZ be. amaze o $ you& ne4 ponb- ibiLi 4o obtain a Licensee, $ ojt any music which. id not Licensed ~Enough Chehe. agencies. I must again advise, you, XhaC She. compo- xe. tepee.he.nX ace. not License.d oe rt.cpa.e.6e.need by any o] Cheae. The.i& music c.an. onLy be. Lice.nse,d Shat.ough ua, ALao be. advised 4haC xe have. never duppLied, oa maiLed any paomotionaL cecocNngw Xo you, Ne. ~oiLL onLy auppLy any pcomotionaL itemize, Co oue Licend eel; and onLy i( and she,n menue.bCed.
To auppLy you eL Xh voLuminous Liwtk nga, and/oa cataLogh NouLd heave. no puapobe.However. i $ Logd and/oh. Listings a&a. pe&iodicaLLy sent Xo ua, toe toiLL aevide, Chem and advise. you i ] any o) oua cocks ace. bei n.g use.d.
l $ toe may be o fi 6e.n,vice. if the. (uCun.e, pLe.awe. do noC hesitate..ko contact ua.
( Yo has~ foal y;- d /. I.6. lQgL Aenakd. pit e.hill e.nX Lab/dv 8 +/3 A/B/S/ Exll. PBS
September 26, 1985
Mr. L. Raul Bernard Asociacion de Compositores y Editores de Musica Latinoamericana (ACEMLA) 214 West 96th Stxeet New York, New York 10025
Dear Mr. Bernard:
Broadcast Music, Incorporated (BMI) has advised me that performance rights to the musical composition "Frenesi," used in the PBS-distributed MASTERPIECE THEATRE presentation "The Jewel in the Crown" (program f101), axe controlled by BMI in the United States.
Because I have received no reply to my lettex'o you of August 5, in which I inquired whether ACEMLA controlled the rights to the song, I am assuming fox now that BMI's assertion is true and that ACEMLA is not claiming control of "Frenesi." If, however, my assumption is incorrect, please let me know.
eve Edw. Friedman Copyright Associate /sef cc: Gwendolyn C. Wood, PBS
Public Broadcastina Service
v.» Publisher I
.; «.'Q wd«S, h.'»;
b) published
Form 2 Iished and c) 'r«.;-hfdf..w'" each and e
». »Qe« „~ and sold b Publisher Popular Song Contract event that one or mo receive the to the total Writer(s) t d) F the record productior in the Un sum or su AGREEMENT made this day of 19 between organizati» "Publisher" (hereinafter called the ) and e) F the Publisl '« jointly and/or severally (hereinafter called "Writer(s)"): by any pul I». Witnesseth: the Unitec f) T In consideration of the agreement herein contained and of the sum of One ($ 1,00) Dollar and copies or; other good and valuable consideration in hand paid by the Publisher to the Writer(s), receipt of or for adv which is hereby acknowledged, the parties agree as follows: g) 1 1. The Writer(s) hereby sells, assigns, transfers and delivers to the Publisher, its successors performan com- and assigns, a certain heretofore unpublished original musical composition, written and/or society wi posed by the above named Writer(s), now entitled: 5. It is payable jo
including the title, words and music, and all copyrights thereof, including but not limited to the copyright registration thereof No. , and all rights, claims and demands in any way relating thereto, and the exclusive right to secure copyrights therein throughout the entire 6. The world, and to have and to hold the said copyrights and all rights of whatsoever nature now and the six m( agreements or licenses relating thereto, hereafter thereunder existing and/or existing under any ber 31st, r for and during the full terms of all of said copyrights. In consideration of the agreement herein two years contained and the additional sum of One ($ 1.00) Dollar and other good and valuable consideration in which the in hand paid by the Publisher to the Writer(s), receipt of which is hereby acknowledged, thereto by transfers and delivers to the Publisher, its successors and assigns, ' .«»" «ht Writer(s) hereby sells, assigns, stated as ";.- ~ Pi g.«.h'4» all renewals and extensions of the copyrights of said musical composition(s) whether now known Royalties or hereafter created throughout the world to which the Writer(s) may be entitled now or hereafter, at the rate thereunder and all registrations thereof, and all rights of any and every nature now and hereafter 7. In t existing, for the full terms of all such renewals and extensions of copyrights. The Writer(s) hereby least one» and in the name of the authorizes and empowers the Publisher to renew, pursuant to law, for a) f deliver in -, qJ, Writer(s), if living, the copyrights of the said musical composition, and to execute and customar) its the name of the Writer(s) a formal assignment of each renewal copyright to the Publisher, for b) ( own use and benefit. and distril 2. The Writer(s) hereby warrants that the said composition is his sole, exclusive and original c) l work, and that he has full right and power to make the within agreement, and that there exists no picture, o: adverse claims to or in the said composition. d) I 3. The Writer(s) hereby warrants that the foregoing musical composition is new and original hereunder and does not infringe any other copyrighted work and has been created by the joint collaboration Then t of the Writers named herein and that said composition, including the title, words and music to the eff» thereof, has been, unless herein otherwise specifically noted, the result of the joint efforts of all in which t the undersigned Writers and not by way of any independent or separable activity by any of the c),ord) o Writers. (30) day p 4. In consideration of this agreement, the Publisher agrees to pay the Writer(s) as follows: Writer(s) a) as a non-returnable advance against the royalties payable to Writer(s) previousll hereunder, which sum, and all other advances which may be paid, shall be deductible from pay- this agree ments hereafter becoming due the Writer(s) hereunder or under any other agreement heretofore represent, or hereafter made between the parties. publicatic 540 basis; an(
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hfdf fan@,1«,
«
(+»» hs Publisher Popular Song Contract
b) cents per copy, for each and every regular pianoforte copy thereof published and sold by and paid for to the Publisher in the United States and Canada; cents per copy, for each and every dance orchestration thereof pub- lished and sold by and paid for to the Publisher in the United States and Canada. for c) percent of the wholesale selling price (after trade discounts if any) each and every printed copy of each and every other arrangement and edition thereof published the and sold by and paid for to the Publisher in the United States and Canada, except that in ract event that the said work shall be used or caused tobe used in whole or in part in conjunction with one or more other musical compositions in a folio or album, the Writer(s) shall be entitled to receive that proportion of said percent which the musical composition shall bear to the total number of musical compositions contained in such folio or album, but in no event shall Writer(s) be entitled to receive more than $ 12.50 for each edition of lyrics only allowed. received the Publisher from d) FIFTY (50%%uo) percent of any and all net sums actually by the recording thereof in phonorecords, electrical transcriptions, motion pictures, and television productions, and from all other rights therein (except as otherwise specifically provided for herein) in the United States and Canada except that the Writer(s) shall not be entitled to share in any sum or sums received by the Publisher from ASCAP or BMI or any public performance rights 19 between organization which pays performance fees directly to songwriters. received e) FIFTY (50%) percent of any and all net sums actually earned and actually by the Publisher from sales and uses (other than public performance uses for which Writer(s) are paid countries outside of by any public performance rights organization) of the musical composition in the United States and Canada. f) The Publisher shall not be required to pay any royalties on professional or complimentary of One ($ 1.00) Dollar and copies or any copies which are distributed gratuitously to performing artists or orchestra leaders o the Writer(s), receipt of or for advertising or exploitation purposes. earned reason of the public g) The Publisher shall not be required to pay royalties by . Publisher, its successors performance of the musica! composition; said royalties being payable only by the performing rights ition, written and/or com- society with which Writer(s) is or may in the future become affiliated. 5. It is understood and agreed by and between all the parties hereto that all sums hereunder follows: payable jointly to the Writer(s) shall be paid to and divided amongst them respectively as NAME SHARE ling but not limited to the aims and demands in any rein throughout the entire 6. The Publisher shall render the Writer(s), as above, on or before each August 15th covering Decem- hatsoever nature now and the six months ending June 30th; and each February 15th covering the six months ending licenses relating thereto, ber 31st, royalty statements accompanied by remittance for any royalties due thereunder. After n of the agreement herein two years from the date of this agreement, royalty statements shall be rendered solely for periods tnd valuable consideration which royalties are due. Said statements and payment, in the absence of written objection in account hereby acknowledged, the thereto by the Writer(s) within ninety (90) days from receipt thereof, shall constitute an .ts successors and assigns, stated as to all royalties due for the period encompassed by such statement and/or payment. on(s) whether now known the United States and in dollar equivalent I Royalties are payable only when received by Publisher in . entitled now or hereafter, at the rate of exchange at the time Publisher receives payment. t and hereafter thereunder 7. In the event that Publisher, within one (1) year from the date hereof, has not performed at ghts. The Writer(s) hereby least one of the following acts: or other &r and in the name of the a) published and offered the musical composition for sale in regular piano copies I to execute and deliver in customary form of trade publication; or. made ht to the Publisher, for its b) caused a commercial phonograph record embodying the musical composition to be and distributed; or motion ale, exclusive and original c) licensed the use of the musical composition or any part thereof in or as part of a t, and that there exists no picture, or television picture, or live production, or dramatic or musical production; or all royalties d) paid to the Writer(s) the sum of Fifty ($50.00) Dollars as an advance against sition is new and original hereunder. written notice by the joint collaboration the Writer(s) shall have the option to give Publisher, by registered mail, Then notice from the Writer(s) e title, words and music the effect Publisher shall have thirty (30) days after receipt of such to contained in subparagraphs a), b), .'f the joint efforts of all in which to cure such failure by performing any one of the acts shall not cure such failure within such thirty ble activity by any of the or d) of this paragraph. In the event that Publisher c), composition shall automatically revert to the (30) day period, then all rights in and to the musical se Writer(s) as follows: further liability on the part of Publisher hereunder and subject to all licenses Writer(s) without any nothing in ,lties payable to Writer(s) given by Publisher hereunder. Anything to the contrary notwithstanding, previously publishers, agents and I be deductible from pay- shall prevent the Publisher from authorizing this agreement contained exclusive her agreement heretofore in countries, inside and outside of the United States from exercising representatives on the customary roy ty publication and all other rights in foreign countries in said composition from authorizing publishers in the basis; and nothing in this agreement shall prevent the Publisher
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United States IN WiTNESS publication rights and other rights in the States from exercising exclusive herein stipulated. first above United shall pay the Writer(s) the royalties said composition, provided the Publisher transpositions, in such changes, adaptations, dramatizations, 8. The Writer(s) hereby consents to the music and of music said composition, and the setting of words to Witness: editing and arrangements of desirable. In the event that the change of title as the Publisher deems to the words, and the composition, then and in such event covered by this agreement is an instrumental privilege Witness: composition Publisher the sole and exclusive right and the Writer(s) hereby irrevocably grants to the designated by the such composition by a writer or writers ss: to cause to have lyrics written for whereupon the Writer(s) Witn only the approval of the Publisher, Publisher, which lyrics shall require in this agreement. The one-half of the aforementioned royalties provided shall be entitled to only have against the Publisher and/ waive any and all claims which they have or may Writer(s) hereby reason of the fact that the title of the affiliated and subsidiary corporations by compositions or its associates, that of any musical composition or composition may be the same or similar to subsidiary said Publisher and/or its associated, affiliated and heretofore or hereafter acquired by the and the title to to the use of his (their) name and likeness corporations. The Writer(s) consents rolls and in connection music, folios, recordings, performances, player the said composition on the successors, assigns and licensees, and advertising concerning the Publisher, its with publicity and likeness and title may commence prior to and agrees that the use of such name, said said composition Publisher shall own and/or exercise any rights in publication and may continue so long as the composition. statements provided for herein shall be sent 9. Written demands and notices other than royalty mail. by registered any alleged infringer of said composition action brought by the Publisher against it 10. Any legal sole expense, and of any recovery made by initiated and prosecuted at the Publisher's shall be of the litigation, a sum equal to as a result thereof, after deduction of the expense to the Writer(s). per cent shall be paid of said composition, and because claim is presented against the Publisher in respect (a) If a serve written notice upon the Writer(s), the publisher is jeopardized, it shall thereupon has thereof the Publisher and thereafter until the claim containing the full details of such claim known to the coming due the Writer(s) in escrow pending been adjudicated or settled shall hold any moneys otherwise dispose The Publisher shall have the right to settle or outcome of such claim or claims. In the event of any as it in its sole discretion may determine. of such claims in any manner all of the costs, charges, Publisher, either by way ofjudgment or settlement, recovery against the settlement, may be deducted by fees and the amount of the judgment or disbursements, attorney theretofore or thereafter payable to the Publisher from any and all royalties or other payments the affiliated, or subsidiary corporations. Writer(s) by the Publisher or by its associated, against the of summons in a suit for infringement filed (b) From and after the service thereafter coming due the respect to said composition, any and all payments Publisher with suit has been adjudicated and then be shall be held by the Publisher in trust until the of Writer(s) elect to file an acceptable bond in the sum disbursed accordingly, unless the Writer(s) shall shall be paid to the Writer(s). in which event the sums due signing this payments, deemed to include all authors and composers 11. "Writer" as used herein shall be agreement. appoints the Publisher himself, hereby irrevocably constitutes and 12. The Writer(s), each tbr and representative, in the directors, or general manager, his (their) attorney or any of its officers, of the Publisher, its successors and Writer(s), or any of them, or in the name name(s) of the deliver any and all instruments which may be to make sign, execute, acknowledge and of the assigns, the Publisher, its successors and assigns, any desirable or necessary in order to vest in referred to. rights hereinabove and its obligations hereunder, shall have the right to assign this agreement 13. The Publisher rights and obligations in whole transfer, license or otherwise dispose of any of its or sell, assign, or corporation, but said disposition shall not under this agreement to any person, firm assignee. or in part royalties hereinabove set forth from the the right of the Writer(s) to receive the If any affect under the laws of the State of New York. 14. This agreement shall be construed only the unenforceable, it shall not affect the validity of part of this agreement shall be invalid or balance of this agreement. benefit of the respective parties shall be binding upon and shall inure to the 15. This agreement representatives and assigns, and represents hereto, their respective successors in interest, legal the entire understanding between the parties. 543 Conrrae( Form 2 Publisher Popular Song year set their hhands and seals the day and wHEREoF, the parties hereto have hereunto United States IN wITNEss dn stipulated. first above written. ,.ranspositions, ,.c and of music By ievent that the Witness: Writer in such event Address .t and privilege Witness: Soc. Sec. 4I ignated by the Year of Birth n the Writer(s) Witness: Writer greement. The Address Publisher and/ Soc. Sec. dI the title of the Year of Birth r compositions Writer and subsidiary Address and the title to Soc. Sec. IP d in connection Year of Birth l licensees, and imence prior to Iy rights in said :in shall be sent aid composition very made by it on, and because o the Writer(s), til the claim has row pending the :herwise dispose he event of any e costs, charges, be deducted by er payable to the ons. filed against the coming due the Ited and then be Id in the sum of
users signing this nts the Publisher esentative, in the ssuccessors and its which may be signs, any of the
l ,ations hereunder, ligations in whole position shall not ! rom the assignee. 4ew York. If any he validity of the respective parties Is, and represents Appendix T
Form 1 Publications. American Songwriter Contract Form of &s-Merrill Co., Guild of Authors and Composers ss. 0
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UNLESS YOU HAVE RACTCT IF IT HAS ANY CHANGES DO NOT SIGN THIS CONTR SEND A FULLY NOTE TO SONGWRITERS: (A) YOUR PROTECTION PLEASELEASE CHANGES WITH AGAC; Ia) FOR FIRST DISCUSSED SUCH CONTRACf TO AGAC. EXECUTED COPY OF THIS Copyright 1978 AGAC Popular Songwriters Contract —, between — day of —, 19 AGREEMENT made this and (hereinafter called "Publisher") collectively called "Writer"); ()ointly and/or severally hereinafter Witnesseth: delivers to the Pub- hereby assigns, transfers and 1. The Writer original musical com- lisher a certain heretofore unpublished composed by the above-named position, written and/or Composition Writer now entitled (Insert title of here) "the composition"), including the composition (hereinafter referred to as copy- thereof, and the right to secure t'tl rds and music to have andto throughout the entire world, and right therein of whatsoever nature the said copyright and all rights (Insert number hold thereunder existing, for 40 ofyears here) noI mow than ~ from the date date of this contract or 35 years years from the sound recording of the f th first release of a commercial 's whichever term ends earlier, unless composition, accordance with the provisions tract is sooner terminated in hereof. existing contract shall be subject to any 2. In all respects this the following between the parties hereto and agreements organization with which small peÃorming rights licensing Performing are affiliated: Writer and Publisher contained herein Rights Affiliation BMI, SESAC). Nothing T)ro) (ASCAP, or modify the rights (Delete or shall be deemed to, alter, vary shall, share in, receive and retain the Publisher to f of Writer and performmg rtghts distributed to them by such small proceeds to their respective agreement licensing organization pursuant with it. his sole,
warrants that the composition is 3. The Writer hereby full right and power
Warranty and original work, that he has exclusive there exists no adverse claim make this contract, and that 2 to as aforesaid in Paragraph A.'27 to or in the composition, except
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hereof and except such rights as are specifically set forth in Paragraph 23 hereof. Royalties 4. In consideration of this contract, the Publisher agrees to pay the Writer as follows: (Insert amount (a) $ an ad a ce gainst royalties, re. of advance here) ceipt of which is hereby acknowledged, which sum shall remain the property of the Writer and shall be deduct- ible only from payments hereafter becoming due the Writer under this contract. Piano Copies (b) In respect of regular piano copies sold and paid for in the United States and Canada, the following royalties per copy: Sliding Scale % (in no case, however, less than 10%%uo) of the wholesale selling price of the first 200,000 copies or less; plus (Insert percentagshe % (in no case, however, less than 12%) of )~ the wholesale selling price of copies in excess of 200,000 and not exceeding 500,000; plus (in no case, however, less than 15%) of the wholesale selling price of copies in excess of 500,000. Foreign Royalties (c) % (in no case, however, less than 50%%uo) of of &in rn tr hr )~ all net sums received by the Publisher in respect Profi regular piano copies, orchestrations, band arrange- ments, octavos, quartets, arrangements for combina- tions of voices and/or instruments, and/or other copies of the composition sold in any country other than the United States and Canada, provided, however, that if the Publisher should sell such copies through, or cause them to be sold by, a subsidiary or affiliate which is actually doing business in a foreign country, then in respect of such sales, the Publisher shall pay to the Writer not less than 5% of the marked retail selling price in respect of each such copy sold and paid for. Orchestrations and (d) In respect of each copy sold and paid for in the United Other Arrangements, etc. States and Canada, or for export from the United States, of orchestrations, band arrangements, octavos, quartets, arrangements for combinations of voices and/ or instruments, and/or other copies of the composition (other than regular piano copies) the following royalties on the wholesale selling price (after trade discounts, if any): (Insert percentage here) % (in no case, however, less than )$%) on the first 200,000 copies or less; plus (Inser % (in no case, however, less than 12%) on Meet all copies in excess of 200,000 and not exceeding 500,000; plus % (in no case, however, less than 15%) on all copies in excess of 500,000. Publisher' (e) (i) If the composition, or any part thereof, is included Song Book, in any song book, folio or similar publication is- Folio, etc. sued by the Publisher containing at least four, but not more than twenty-five musical compositions, the royalty to be paid by the Publisher to the Writer shall be an amount determined by dividing 10%% of the wholesale selling price (after trade dis- counts, if any) of the copies sold, among the total number of the Publisher's copyrighted musical compositions included in such publication. If such publication contains more than twenty-five musi- cal compositions, the said 10% shall be increased by an additional 'y5% for each additional musical composition. Authors and Composers 529 Songhgrriter Contract Form ofAmerican Guild of Form I the Publisher Licensee's (ii) If, pursuant to a license granted by controlled or affiliated with it, .ifically set forth in Song Book, to a licensee not by composition, or any part thereof, is included Folio, etc. the con- isher agrees to pay in any song book, folio or similar publication, taining at least four musical compositions, the roy- royalties, re- alty to be paid by the Publisher to the Writer shall ;ainst amount re- ed, which sum shall be that proportion of 50% of the gross deduct- it from the licensee, as the number of nd shall be ceived by dur- becoming due the uses of the composition under the license and the license period, bears to the total number ing musical and paid for in of uses of the Publisher's copyrighted ;old the li- following royalties compositions under the license and during cense period. the Publisher's copy- than 10%%uo) of In computing the number of , less (iii) subdivisions st 200,000 copies or righted musical compositions under excluded musical (i) and (ii) hereof, there shall be and arrange- than 12%) of compositions in the public domain , less to which the in excess of ments thereof and those with respect spies publish and offer for plus Publisher does not currently less than 15%) sale regular piano copies. ver, less than four :opies in excess of (iv) Royalties on publications containing musical compositions shall be payable at regular ., less than 50%%) of piano copy rates. material" not sold or resold, no lisher in respect of Material As to "professional Professional payable. Free copies of the lyrics of ons, band arrange- and Free Copies royalty shall be composition shall not be distributed except under ments for combina- the Writer's written andior other copies the following conditions: (i) with the without music in limited mtry other than the consent; or (ii) when printed charitable, religious or governmental pur- ed, however, that if numbers for de- for similar public purposes, if no profit is es through, or cause poses, or for directly or indirectly; or (iii) when authorized or affiliate which is rived, such in in a book, magazine or periodical, where gn country, then printing distinguished shall to the use is incidental to a novel or story (as ier pay magazine or folio), narked retail selling from use in a book of lyrics or a lyric such use shall bear the Writer's name y sold and paid for. provided that any the proper copyright notice; or (iv) when distrib- aid for in the United and composi- United solely for the purpose of exploiting the rt from the uted restricted to octavos, tion, provided, that such exploitation is angements, such copies for ations of voices and/ the distribution of limited numbers of sale of the composition, s of the composition the purpose of influencing the the distribution is independent of the sale of any ie following royalties that wares or :r trade discounts, if other musical compositions, services, goods, merchandise, and that no profit is made, directly or therewith. less than 10%%uo) on indirectly, in connection r, less Ihan gh%l of: Js % (in no case, however, (Insert percentage here) (g) pnhlisher in respecl of any less than 12%) on ~ Alj gross eceipjs of Ihe r, Mechanicals, Electrical royalties) authorizing the and not exceeding Transcription, licenses (including statutory of parts of instruments serving to mechan- Synchronization, All manufacture com- on reproduce the composition, or to use the r, less than 15%) Other Rights ically pictures, position in synchronization with sound motion reproduce it upon electrical transcription for t thereof, is included or to receipts publication is- broadcasting purposes; and of any and all gross rmilar or right now at least four, but of the Publisher from any other source iing into existence, usical compositions, known or which may hereafter come he Publisher to the except as provided in paragraph 2. licenses authorizing the termined by dividing Agent's (h) If the Publisher administers Licensing instruments serving to mechan- price (after trade dis- Charges manufacture of parts of the total reproduce said composition, or the use of said 'old, among ically relation copyrighted musical composition in synchronization or in timed such sound motion pictures or its reproduction upon ipublication. If with an twenty-five musi- electrical transcriptions, or any of them, through an for a sub- shall be increased agent, trustee or other administrator acting % the exclusive :h additional musical stantial part of the industry and not under Songwriter C Form I 530
control of the Publisher (hereinafter sometimes referred to as licensing agent), the Publisher, in determining his receipts, shall be entitled to deduct from gross license fees paid by the Licensees, a sum equal to the charges paid by the Publisher to said licensing agent, provided, however, that in respect to synchronization or timed relation with sound motion pictures, said deduction shall in no event exceed $ 150.00 or 10% of said gross license fee, whichever is less; in connection with the manufacture of parts of instruments serving to mechan- ically reproduce said composition, said deductions shall not exceed 5% of said gross license fee; and in connec- tion with electrical transcriptions, said deduction shall fee. not exceed 10%%uo of said gross license of the composition Block Licenses (i) The Publisher agrees that the use will not be included in any bulk or block license here- tofore or hereafter granted, and that it will not grant any bulk or block license to include the same, without the written consent of the Writer in each instance, ex- with cept (i) that the Publisher may grant such licenses respect to electrical transcription for broadcasting pur- poses, but in such event, the Publisher shall pay to the Writer that proportion of 50% of the gross amount re- ceived by it under each such license as the number of uses of the composition under each such license during each such license period bears to the total number of uses of the Publisher's copyrighted musical composi- tions under each such license during each such license period; in computing the number of the Publisher' copyrighted musical compositions for this purpose, there shall be excluded musical compositions in the public domain and arrangements thereof and those with respect to which the Publisher does not currently pub- lish and offer for sale regular piano copies; (ii) that the Publisher may appoint agents or representatives in Wr countries outside of the United States and Canada to use and to grant licenses for the use of the composition on the customary royalty fee basis under which the marked Publisher shall receive not less than 10%%uo of the retail selling price in respect of regular piano copies, connection with any and 50%%uo of all other revenue; if, in such bulk or block license, the Publisher shall have received any advance, the Writer shall not be entitled to share therein, but in part of said advance shall be deducted in computing the composition's earnings un- der said bulk or block license. A bulk or block license do- shall be deemed to mean any license or agreement, mestic or foreign, whereby rights are granted in respect of two or more musical compositions. Publisher and Writer have Television and New Uses (j) Except to the extent that the heretofore or may hereafter assign to or vest in the small performing rights licensing organization with which Writer and Publisher are affiliated, the said rights Rele or the right to grant licenses therefor, it is agreed that no licenses shall be granted without the written con- sent, in each instance, of the Writer for the use of the exr composition by means of television, or by any means, or for any purposes not commercially established, or for which licenses were not granted by the Publisher on musical compositions prior to June 1, 1937. consent of Writer's Consent (k) The Publisher shall not, without the written right or li- to Licenses the Writer in each case, give or grant any cense (i) to use the title of the composition, or (ii) for Form I Songwriter Contract Form ofAmerican Guild ofAuthors and Composers 531
ter sometimes referred the exclusive use of the composition in any form or for sher, in determining his any purpose, or for any period of time, or for any ter- duct from gross license ritory, other than its customary arrangements with for- m equal to the charges eign publishers, or (iii) to give a dramatic representation ensing agent, provided, of the composition or to dramatize the plot or story nchronization or timed thereof, or (iv) for a vocal rendition of the composition ctures, said deduction in synchronization with sound motion pictures, or (v) or 10% of said gross for any synchronization use thereof, or (vi) for the use 'n connection with the of the composition or a quotation or excerpt therefrom nts serving to mechan- in any article, book, periodical, advertisement or other n, said deductions shall similar publication. If, however, the Publisher shall nse fee; and in connec- give to the Writer written notice by certified mail, re- s, said deduction shall turn receipt requested, or telegram, specifying the right -ense fee. or license to be given or granted, the name of the li- use of the composition censee and the terms and conditions thereof, including or block license here- the price or other compensation to be received therefor, d that it will not grant then, unless the Writer (or any one or more of them) lude the same, without shall, within five business days after the delivery of :r in each instance, ex- such notice to the address of the Writer hereinafter des- rant such licenses with ignated, object thereto, the Publisher may grant such n for broadcasting pur- right or license in accordance with the said notice with- blisher shall pay to the out first obtaining the consent of the Writer. Such no- &f the gross amount re- tice shall be deemed sufficient if sent to the Writer at :ense as the number of the address or addresses hereinafter designated or at hach such license during the address or addresses last furnished to the Publisher to the total number of in writing by the Writer. hted musical composi- Trust for Writer Any portion of the receipts which may become due to &ring each such license the Writer from license fees (in excess of offsets), ver of the Publisher' whether received directly from the licensee or from any ons for this purpose, licensing agent of'he Publisher, shall, if not paid im- be- d compositions in the mediately on the receipt thereof by the Publisher, thereof and those with long to the Writer and shall be held in trust for the loes not currently pub- Writer until payment is made; the ownership of said ino copies; (ii) that the trust fund by the Writer shall not be questioned whether or representatives in the monies are physically segregated or not. States and Canada to Writer Participation (m) The Publisher agrees that it will not issue any license use of the composition as a result of which it will receive any financial benefit &asis under which the in which the Writer does not participate. &an 10% of the marked Writer Credit (n) On all regular piano copies, orchestrations, band or regular piano copies, other arrangements, octavos, quartets, commercial in connection with any sound recordings and other reproductions of the com- Publisher shall have position or parts thereof, in whatever form and however in- &"r shall not be entitled produced, Publisher shall include or cause to be said advance shall be cluded, in addition to the copyright notice, the name of &osition's earnings un- the Writer, and Publisher shall include a similar re- , bulk or block license quirement in every license or authorization issued by :nse or agreement, do- it with respect to the composition. are granted in respect Writers'espective 5. Whenever the term "Writer" is used herein, it shall be tions. Shares deemed to mean all of the persons herein defined as "Writer" lisher and Writer have and any and all royalties herein provided to be paid to the ,ign to or vest in the Writer shall be paid equally to such persons if there be more ng organization with than one, unless otherwise provided in Paragraph 23. 'filiated, the said rights refor, it is agreed that Release of Commercial (i) The Publisher shall, within hout the written con- Sound Recording months from the date of this contract (the "initial iter for the use of the (Insert period not period"), cause a commercial sound recording of on, or by any means, exceeding I2 months) the composition to be made and released in the rcially established, or customary form and through the customary com- &ted by the Publisher mercial channels. If at the end of such initial pe- re- June 1, 1937. riod a sound recording has not been made and the written consent of leased, as above provided, then, subject to the grant any right or li- provisions of the next succeeding sub'division, this shall terminate. omposition, or (ii) for contract m
Cont h Form I Songwriter 532 Foreign l I the initial period, Pub- If, prior to the expiration of amount to be not (ii) Writer the sum of $ n" " Insert —. lisher pays the P"»" '. less than $250) be charged against or recoupable (which shall not period not royalties or other monies (Insert out of any advances, thereafter may exceeding six months) theretofor paid, then due, or which Writer from the Publisher pur- become due the Publisher contract or otherwise), suant to this months lthe No Foreign an addtdonst shall have with the end of "additional period") commencing which to cause such com- the initial period, within released recording to be made and mercial sound at the end in subdivision (i) above. If as provided commercial sound re- the additional period a of and released, as above cording has not been made this contract shall terminate. provided, then 6(a), . Te termination pursuant to this Paragraph (iii) Upon nature in and to the Expiration all rights of any and every and to any and all copyrights composition and in through- in the United States and secured thereon re-vest in and out the world shall automatically of the Writer and shall be become the property Writer him by the Publisher. The reassigned to to the Pub- not be obligated to return or pay shall indebtedness as a condition lisher any advance or the said re-assignment shall of such re-assignment; the provi- accordance with and subject to be in and, in addition, the sions of Paragraph 8 hereof, to the Writer all gross sums Publisher shall pay thereafter receive which it has theretofore or may respect of the composition. in furnished, shall furnish, or cause to be The Publisher commercial sound re- Writer's Copies Writer six copies of the to the 6(a). cording referred to in Paragraph The Publisher shall of a com- Piano Copies 30 days after the initial release Cl (i) within composition, make, Piano Arrangement or sound recording of the mercial piano copies of the Lead Sheet and offer for sale regular publish through the channels cus- (Select (i) composition in the form and or (ii) that purpose; tomarily employed by it for after execution of this contract 0 (ii) within 30 days the com- arrangement or lead sheet of make a piano to the Writer. and furnish six copies thereof position subdivision (i) nor (ii) of this In the event neither of subdi- is selected, the provisions subparagraph (c) deemed to have been vision (ii) shall be automatically selected by the parties. composition in countries other Each copyright on the the name Foreign Copyright 7. (a) States shall be secured only in than the United shall not at any time Publisher, and the Publisher Neg of the copyright directly or indi- divest itself of said foreign or rectly. Publisher in the com- shall be granted by the Publication No rights publisher or licensee inconsis- Foreign position to any foreign pub- hereof, nor shall any foreign tent with the terms to a foreign in the composition be given lication rights the Publisher shall or licensee unless and until publisher provisions of Paragraph 6 have complied with the hereof. separately con- in the composition are (c) lf foreign rights the Publisher's cur- Foreign Advance otherwise than as a part of veyed, than 50%%uo of any future catalog, not less rent and/or thereof shall be credited to advance received in respect to the Writer. the account of and paid
'Iv d
n th. 533 Guild Authors and Composers Form 1 Songwriter Contract Form ofAmerican of received from percentage of the Writer on monies initial period, Pub- Foreign Percentage (d) The the Publisher' foreign sources shall be computed on im of $ provided, however, that no deductions or recoupable net receipts, the Pub- ainst 'hall be made for offsets of monies due from s or other monies advances made by lisher to said foreign sources; or for hich thereafter may sources to the Publisher, unless the Writer the Publisher pur- 'uch foreign advances. have received at least 50% of said ierwise), Publisher shall from licenses computing the receipts of the Publisher months (the Foreign Allocations (e) In with sound mo- No granted in respect of synchronization ing with the end of of any world-wide licenses, com- tion pictures, or in respect to cause such licenses granted by the Publisher for released or in respect of the made and composition in countries other than at the end use of the ibove. If States, no amount shall be deducted for pay- nmercial sound re- United licensees in such ments or allocations to publishers or l released, as above terminate. countries. tall termination or expiration of this contract, all rights this Paragraph 6(a), Termination or 8. Upon the and in and every nature in and to the composition ature in and to the Expiration of Contract of any and United States and all copyrights secured thereon in the t and all copyrights to any in and become the and throughout the world, shall re-vest States and through- be re-assigned to the Writer and property of the Writer, and shall :ally re-vest in of any and all encumbrances of any shall be by the Publisher free Writer and provided that: olisher. The Writer nature whatsoever, Publisher, prior to such termination or expiration, i or to the Pub- (a) If the the use of the pay shall have granted a domestic license for Iness as a condition inconsistent with the terms and pro- shall composition, not sub- i re-assignment this contract, the re-assignment may be abject to the provi- visions of ject to the terms of such license. ind, in addition, the the Writer all rights which it (b) Publisher shall assign to riter all gross sums such agreement or license referred thereafter receive may have under any in- iy subdivision (a) in respect of the composition, to in receive all roy- cluding, but not limited to, the right to composition there- use to be furnished, alties or other monies earned by the commercial sound re- date of termination or expiration of this under after the be (a). Should the Publisher thereafter receive or contract. so earned, credited with any royalties or other monies tial release of a com- to the Writer. it shall pay the same to composition, make, Writer shall not be obligated to return or pay (c) The as a con- piano copies of the the Publisher any advance or indebtedness gh the channels cus- re-assignment provided for in this Para- dition of the and urpose; and shall be entitled to receive the plates graph 8, of the Pub- ation of this contract copies of the composition in the possession d sheet of the com- lisher. iereof to the Writer. shall pay any and all royalties which may (d) Publisher termination or .ion (i) nor (ii) of this have accrued to the Writer prior to such provisions of subdi- expiration. leemed to have been any and all documents and (e) The Publisher shall execute and all acts or things necessary to effect any do any herein provided &n in countries other and all re-assignments to the Writer ired only in the name for. com- shall not at any time desires to exercise a right in and to the for New 9. If the Publisher known, ight directly or indi- Negotiations known or which may hereafter become or Unspecified Uses position now made herein, which no specific provision has been but for the Writer thereof. publisher in the com- the Publisher shall give written notice to or licensee inconsis- respecting all the terms and conditions of any Negotiations between the iall any foreign pub- disposition shall thereupon be entered into such shall be exercised be given to a foreign Publisher and the Writer and no such right .til the Publisher shall specific agreement has been made. until hereafter, royalty ons of Paragraph 6 Publisher shall render to the Writer, Royalty Statements 10. The the amount due at statements accompanied by remittance of n are separately con- and Payments and remittances are customarily the times such statements such fthe Publisher's cur- the Publisher, provided, however, that rendered by either semi-an- ss than 50%%uo of any statements and remittances shall be rendered credited to forty-five days after of shall be nually or quarterly and not more than riter. Form I Songfffnter Contraf 534
the end of each such semi-annual or quarterly period, as the case may be. The Writer may at any time, or from time to time, make written request for a detailed royalty statement, and the Publisher shall, within sixty days, comply therewith. Such royalty statements shall set forth in detail the various items, foreign and domestic, for which royalties are payable thereunder and the amounts thereof, including, but not lim- ited to, the number of copies sold and the number of uses made in each royalty category. If a use is made in a publi- cation of the character provided in Paragraph 4, subdivision (e) hereof, there shall be included in said royalty statement the title of said publication, the publisher or issuer thereof, the date of and number of uses, the gross license fee received in connection with each publication, the share thereto of all the writers under contract with the Publisher, and the Writer's share thereof. There shall likewise be included in said statement a description of every other use of the com- position, and if by a licensee or licensees their name or names, and if said use is upon a part of an instrument serving to reproduce the composition mechanically, the type of me- chanical reproduction, the title of the label thereon, the name or names of the artists performing the same, together with the gross license fees received, and the Writer's share thereof. written Examination of Books 11. (a) The Publisher shall from time to time, upon demand of the Writer or his representative, permit the Writer or his representative to inspect at the place of business of the Publisher, all books, records and doc- uments relating to the composition and all licenses granted, uses had and payments made therefor, such limi- right of inspection to include, but not by way of tation, the right to examine all original accountings and records relating to uses and payments by manufacturers commercial sound recordings and music rolls; and of ac- the Writer or his representative may appoint an countant who shall at any time during usual business hours have access to all records of the Publisher relat- roy- ing to the composition for the purpose of verifying alty statements rendered or which are delinquent under the terms hereof. demand of the Writer (b) The Publisher shall, upon written representative, cause any licensing agent in the or his or United States and Canada to furnish to the Writer representative, statements showing in detail all li- his con- censes granted, uses had and payments made in nection with the composition, which licenses or permits were granted, or payments were received, by or through or his said licensing agent, and to permit the Writer representative to inspect at the place of business of documents such licensing agent, all books, records and licensing agent, relating thereto. Any and all of such licen- agreements made by the Publisher with any such agent shall provide that any such licensing agent sing hereof. In Default in will comply with the terms and provisions Prevention of event that the Publisher shall instruct such licensing the representative agent to furnish to the Writer or his as provided for herein, and to permit the statements as inspection of the books, records and documents then if such licensing agent should re- herein provided, of fuse to comply with the said instructions, or any prosecute them, the Publisher agrees to institute and proceedings diligently and in good faith such action or with the as may be necessary to compel compliance satd tnstrucnons. .-~ ",. 4'.'.'..- '-i;, '-'".'..'.:.. """'.4
$3$ Guild Autliars and Composers Its-v 4 Form l Songwriter Contract Form ofAmerican of to foreign licensing agents, the Publisher (c) With respect licen- irterly period, as the make available the books or records of said shall United States me, or from time to sing agents in countries outside of the d royalty statement, Canada to the extent such books or records are
and Publisher s, comply therewith. available to the Publisher, except that the in detail the various may in lieu thereof make available any accountants'eports royalties are payable and audits which the Publisher is able to obtain. not lim- of books, records or eluding, but (d) If as a result of any examination the number of uses documents pursuant to Paragraphs I l(a), I l(b) or 1 l(c) 's made in a publi- it is determined that, with respect to any royalty hereof, Publisher to graph 4, subdivision statement rendered by or on behalf of the iid royalty statement Writer, the Writer is owed a sum equal to or greater the that royalty ier or issuer thereof, than five percent of the sum shown on rs~4i.",g):~) s license fee received statement as being due to the Writer, then the Publisher such exami- : share thereto of all shall pay to the Writer the entire cost of Publisher, and the 50% of the amount shown to be nation, not to exceed '"i:,',~; %~ sz',~i :wise be included in due the Writer. the com- administers its own li- ther use of (e) (i) In the event the Publisher isees their name or censes for the manufacture of parts of instruments .n instrument serving to mechanically reproduce the composi- serving for ally, the type of me- tion rather than employing a licensing agent al thereon, the name the Publisher shall include in each that purpose, Pub- same, together with license agreement a provision permitting the the Writer's share lisher, the Writer or their respective representa- tives to inspect, at the place of business of such time, upon written licensee, all books, records and documents of such sentative, permit the licensee relating to such license. Within 30 days 'pect at the place of after written demand by the Writer, the Publisher ks, records and doc- shall commence to inspect such licensee's books, ion and all licenses records and documents and shall furnish a written made therefor, such of such inspection to the Writer within 90 report fails, not by way of limi- days following such demand. If the Publisher .inal accountings and after written demand by the Writer, to so inspect nts by manufacturers licensee's books, records and documents, or the rep- ind music rolls; and fails to furnish such report, the Writer or his r'.gf,...~~-g may appoint an ac- resentative may inspect such licensee's books, uring usual business records and documents at his own expense. relat- Publisher and the li- f the Publisher (ii) In the further event that the iose of verifying roy- referred to in subdivision (i) above are sub- censee is are delinquent under sidiaries or affiliates of the same entity or one or affiliate of the other, then, unless a subsidiary admin- lemand ofthe Writer the Publisher employs a licensing agent to censing agent in the I licenses referred to in subdivision (i) ister the the ish to the Writer or above, the Writer shall have the right to make in detail all li- referred to in subdivision (i) above wing inspection demand ments made in con- without the necessity of making written subdivision h licenses or permits on the Publisher as provided in (i) :eived, or through by above. pur- it the Writer or his result of any inspection by the Writer (iii) If as a subpara- dace of business of suant to subdivisions (i) and (ii) of this and documents the Writer recovers additional monies ords graph (e) Writer hereto. Any and all the licensee, the Publisher and the from inspection. with any such licen- shall share equally in the cost of such refuse, within sixty days after such licensing agent or 12. If the Publisher shall fail or hereof. In Default in Payment furnish or cause to be furnished, such rovisions Examination written demand, to in- struct such licensing Prevention of books, records or documents, or to permit statements, 10 and ll r his representative spection thereof, as provided for in Paragraphs demand, to make ":-~' ., and to permit the hereof, or within thirty days after written Ie'.:, documents as royalties due under this contract, then and the payment of any notice, to iing agent should re- the Writer shall be entitled, upon ten days'ritten :ructions, or any of contract. However if the Publisher shall: terminate this the Writer titute and prosecute the said ten-day period serve upon (a) Within and ".tion or proceedings a written notice demanding arbitration; :ompliance with the
il
F.:: ..-'i Songwriter Con! Form I 536
arbitration its claim that it has complied with (b) Submit to records or its obligation to furnish statements, books, or permitted inspection thereof or to pay documents, thereafter royalties, as the case may be, or both, and award of the arbitrator within ten days comply with any arbitrator after such award or within such time as the may specify; shall continue in full force and effect as if then this contract the not sent such notice of termination. If the Writer had provisions, Publisher shall fail to comply with the foregoing contract shall be deemed to have been terminated then this termination. the date of the Writer's written notice of as of of Publisher No derivative work prepared under authority Derivative Works 13. utilized by Publisher during the term of this contract may be expiration of this con- or any other party after termination or tract notices provided for herein shall be Notices 14. All written demands and mail, return receipt requested. sent by certified alleged action brought by the Publisher against any Suits for Infringement 15. Any legal and prosecuted infringer of the composition shall be initiated but if the Publisher should fail, at its sole cost and expense, ac- after written demand, to institute such within thirty days at his Writer shall be entitled to institute such suit tion, the of any such cost and expense. All sums recovered as a result the deduction of the reasonable expense action shall, after the divided equally between the Publisher and thereof, be made No settlement of any such action may be by Writer. the event that either party without first notifying the other; in object to such settlement, then such set- either party should the not be made if the party objecting assumes tlement shall except of the action and all expenses thereof, prosecution equally sums thereafter recovered shall be divided that any deduction of between the Publisher and the Writer after the the reasonable expenses thereof. presented against the Publisher alleging that Infringement Claims 16. (a) If a claim is other the composition is an infringement upon some violation of any other right of another, and work or a shall because thereof the Publisher is jeopardized, it serve a written notice upon the Writer setting forthwith of said the full details of such claim. The pendency forth obligation to claim shall not relieve the Publisher of the of the royalties to the Writer hereunder, make payment and the Publisher shall deposit said royalties as unless account in when they would otherwise be payable, in an names ofthe Publisher and the Writer in a bank the joint Writer trust company in New York, New York, if the or resides East of on the date of execution of this contract River, or in Los Angeles, California, if the Mississippi contract re- the Writer on the date of execution of this of the Mississippi River. If no suit be filed sides West the nine months after said written notice from within said Publisher to the Writer, all monies deposited in plus any joint account shall be paid over to the Writer interest which may have been earned thereon. instituted against the Publisher (b) Should an action be composition is an infringement upon claiming that the of other work or a violation of any other right some written no- another, the Publisher shall forthwith serve the Writer containing the full details of such tice upon of such ac- claim. Notwithstanding the commencement Publisher shall continue to pay the royalties tion, the after to the Wiiter unless it shall, from and hereunder said roy- the date the service of the summons, deposit 537 Form I Songwriter Contract Form ofAmerican Guild ofAuthors and Composers
when would otherwise be payable, in ias complied with alties as and they account in the joint names of the Publisher and the ~ooks, records or an Writer in a bank or trust company in New York, New hereof or to pay date of execution of this and York, if the Writer on the h, thereafter contract resides East of the Mississippi River, or in Los &r within ten days Writer on the date of exe- as the arbitrator Angeles, California, if the cution of this contract resides West of the Mississippi River. the said suit shall be finally adjudicated in e and effect as If if favor of the Publisher or shall be settled, there shall be , mination. If the released and paid to the writer all of such sums held in ~ oing provisions, escrow less any amount paid out of the Writer's share l been terminated ': with the Writer's written consent in settlement of said of termination. result adversely to of action. Should the said suit finally 'ty Publisher the said amount on deposit shall be re- zed Publisher the Publisher, by Publisher to the extent of any expense or stion of this con- leased to the damage it incurs and the balance shall be paid over to the Writer. r herein shall be however, the Writer ed. (c) In any of the foregoing events, shall be entitled to payment of said royalties or the ~ &inst any alleged after such time as he files and prosecuted money so deposited at and with the Publisher a surety company bond, or a bond sher should fail, in the sum istitute ac- in other form acceptable to the Publisher, such the return thereof to the such of such payments to secure suit at his Publisher be entitled to such return. suit extent that the may of any such or deposits or the filing of a onable The foregoing payments expense to the rights of the Pub- blisher and the bond shall be without prejudice lisher or Writer in the premises. iay be made by 17. and all differences, disputes or controversies arising out n the event that Arbitration Any of or in connection with this contract shall be submitted to , then such set- under the then prevailing assumes arbitration before a sole arbitrator ng the Association. The location thereof, except rules of the American Arbitration arbitration shall be New York, New York, if the divided equally 'f the Writer on the date of execution of this contract resides East oe deduction of of the Mississippi River, or Los Angeles, California, if the this contract resides West her Writer on the date of execution of alleging that River. The parties hereby individually and ion some of the Mississippi other abide and perform any award rendered in of another, and jointly agree to by arbitration. Judgment upon any such award rendered lrdized, it shall such be entered in any court having jurisdiction thereof. e Writer may setting the extent herein otherwise expressly provided, endency of said Assignment 18. Except to the Publisher shall not sell, transfer, assign, convey, encum- he obligation to composition or the copyright dter ber or otherwise dispose of the hereunder, secured thereon without the prior written con- oyalties as and or copyrights sent of the Writer. The Writer has been induced to enter into n an account in this contract in reliance upon the value to him of the personal Vriter in a bank exploitation of the -k, service and ability of the Publisher in the if the Writer reason thereof it is the intention of the resides composition, and by East of parties and the essence of the relationship between them that l, California, if herein granted to the Publisher shall remain with iis contract re- the rights the Publisher and that the same shall not pass to any other io suit be filed without limitations, successors to or re- otice from person, including, the ceivers or trustees of the property of the Publisher, either by &osited in said deed of the Publisher or by operation of law, and in Vriter plus act or any the event of the voluntary or involuntary bankruptcy of the :reon. shall terminate, provided, however, the Publisher Publisher, this contract that the composition may be included by the Publisher in a agement upon music business or its entire other bona fide voluntary sale of its right of of musical compositions, or in a merger or consoli- ve written no- catalog of the Publisher with another corporation, in which letails of such dation event the Publisher shall immediately give written notice :nt of such ac- thereof to the Writer; and provided further that the compo- the royalties and the copyright therein may be assigned by the Pub- rom sition and after lisher to a subsidiary or affiliated company generally engaged )osit said foy- Songwriter Contract Form Form I 538 For Your Protection, Send business. If the Publisher is an in- in the music publishing distributee Special Excel composition may pass to a,legatee or pari dividual, the music business Q The composition is of the inheritance of the Publisher's Productioj as part such trans- CI Livmg Stage entire catalog of musical compositions. Any Musical Pr and conditioned upon the 0 Televised or assignment shall, however, be of ai fer or assignee to the which is the subject execution and delivery by the transferee annexed and to perform all of which is hereto Writer of an agreement to be bound by number of mu this contract to be performed on of a greater the terms and conditions of Paragraph 6 with res Publisher. said the part of the in respect of any one m affiliate, or any person, firm or corporation 6 Subsidiary Defined 19. A subsidiary, subsidiary or affiliate, controlled by the Publisher or by such shall be deemed to include any per- as used in this contract, or the or corporation, under common control with, son, firm contribution is owned or majority of whose stock or capital Publisher or by any of its officers, directors, controlled by the are sub- or associates, or whose policies and actions partners Publisher or any of its ject to domination cr control by the or associates. officers, directors, partners shall and percentages specified in this contract Amounts 20. The amounts agreed upon deemed to be the amounts and percentages be amounts or percentages by the parties hereto, unless other in the blank spaces provided therefor. are inserted to the benefit contract is binding upon and shall enure Modifications 21. This successors in inter- the parties hereto and their respective of Writer (or one or more est (as hereinbefore limited). If the any notices may be given to, or of them) shall not be living, No his or their successors in interest. consents given by, effective un- or modification of this contract shall be change parties hereto. less reduced to writing and signed by the contract shall be so construed that the The words in this include shall'include the plural and the plural shall singular and the masculine the singular where the context so requires feminine shall include the shall include the feminine and the context so requires. masculine where the of con- headings are inserted only as a metter Headings 22. The paragraph define, limit or Paragraph and for reference, and in no way venience nor in any way describe the scope or intent of this contract affect this contract. Special Provisions 23.
Publisher Witness: By Address Witness: Writer (L.S.) Address Witness: Soc. Sec. 4 Writer (L.S.) Witness: Address Soc. Sec. P Writer (L.S.) Address Soc. Sec. ff: 539 Aatltors and Composers Contract Form ofAmerican Guild of Form l Songwriter Contract to AGAC. Send a Copy of the Fully Signed in- For Your Protection, the parties. s an if filled in and initialed by .tributee Special Exceptions to apply only score (not an interpolation) of business composition is part of an original Club Revue 0 The Motion Picture 0 Night h trans- Living Stage Production 0 0 Production a copy of tpon the 0 Televised Musical parties datedd , an agreement between the 6 in respect .e to the which is the subject of requires compliance with Paragraph exed. Unless said agreement o li d ith rm all of h n Publisbli hershallba e deemed oh armed on ofagreaternumberofmusicalcompositions,the performs the terms of sai aragrap to the composition if it fully said Paragraph 6 with respect said score. musical composition included in poration 6 in respect of any one affiliate, any per- h, or the &wned or lirectors, are sub- ny of its .act shall .ed upon centages
e benefit
, in inter- or more en to, or rest. No ctive un- :reto. l that the
1 include nasculine elude the :r of con- , limit or any way
(L.S.)
(L.S.)
(L.S.) ACEMLA Asociacion de Compositores y Editores de Musica Latinoamericana 214 West 96 St. New York, N.Y. 10025
IN RELATION TO THE CONTRACT SIGNED AS AUTHOR AND EXCLUSIVE MEMBER OF ACEMLA I HEREBY SUBMIT THE FOLLOWING INFORMATION:
FULL NAME
PSEUDONYM(S)
3 — COMPLETE ADDRESS
4 — ALTERNATE OR PERMANENT ADDRESS
5 — DATE OF BIRTH
6 — PLACE OF BIRTH
7 — SOCIAL SECURITY NUMBER
8 — I DECLARE THAT I WAS A MEMBER OF (NAMES AND DATES)
MEMBERSHIP TERMINATED SINCE
9 — I HEREBY DECLARE THAT NONE OF THE MUSICAL NUMBERS SUBMITTED OR TO BE
SUBMITTED IN FUTURE TO ACEMLA HAS BEEN ASSIGNED TO ANY OTHER ORGANIZA-
TION, EXCEPT FOR THOSE WHICH MAY HAVE BEEN ASSIGNED TO A PUBLISHER SO
DESIGNATED WHICH HAS BEEN DULY INFORMED.
AUTHOR-COMPGSER DATE LAM LATIN AMERICAN MUSIC CO 214 West 96th St. New York, N.Y. 10025 866-3111
CONTRACT entered. into on this day of 19 between LATIN AMERICAN MUSIC COMPANY, hereinafter called the Publisher, and of of of hereinafter Jointly and individually called the composer.
IT IS HEREBY AGREED AS FOLLOWS: 1. The composer hereby sells, assigns, transfers and delivers to the Publisher, its successors and. assigns, any and. all rights, titles and interests in the original and as yet unpublished work which is a part of this document; written and/or composed. by the composer, and which is, or are, entitled:
This includes the title of the composition, the text and/or music of same, as well as any and all exclusive public performance and/or television rights. It also includes the right to obtain a registration (copyright) for the composition, and renewals throughout the world as owners in their own right or in any other form. The publisher shall retain the work, registration and renewals thereof and any and. all rights, of any nature whatsoever, which exist during the term of the contract or extensions thereof. 2. The composer warrants that the composition is his exclusive, original work and that he has unlimited right and. power to enter into this contract and. that no claims exist on that work, which is free and clear of all liens and encumbrances. 3. In consequence of this contract, the Publisher agrees to pay the following specific royalties to the Composer: a) c per unit in relation to regular copies for piano and/or orchestra, sold in the United States of America and for which the Publisher has received payment .
b) 5 of the net amount received by the Publisher in rela- tion to regular copies for piano and/or orchestra, sold and paid. for in each foreign country.
c) 5 of the net amount received by the Publisher in respect of each license or permit issued authorizing the manufacture of instrumental pieces used. to mechanically reproduce the aforesaid. work, electric transcriptions or if the work is used in synchroniza- tion or feature films. d) The distribution of Performance rights assigned to the Composer and designated as Author's Participation; provided the said Author's Participation is received by the Publisher. 4. The Publisher agrees to submit to the composer a Royalty Statement which shall accompany the due payment. This statement shall cover a (6) six- month period., ending on December 31 and. June 30 of each year. This statement shall be submitted. annually, on February and August 15, whilst the Publisher is publishing or obtaining licenses for the work produced by the composer.
5. All sums paid as a whole to the composer shall be broken down and paid in the following manner: 'I to of g to of
to Of 6. The Publisher shall have the right to alter, change, edit or translate the work, or portion thereof, in any form that may be necessary. In the event that the Publisher causes the text or a portion of a composition to 'be written in another language, the Publisher shall, in that case, have the right to deduct the cost of such obligation from the royalties allotted and paid to the composer, which shall not exceed. one half. 7. With respect to royalties obtained. for compositions used. in foreign countries, same shall be paid by the Publisher as a net amount only when these sums are received. by said Publisher in North American currency, and. payment shall be effected. at the rate of exchange received by the Publisher.
8. In addition, the composer agrees to sell, assign, transfer and. deliver to the Publisher, its successors and. assigns, the original work, all rights relating thereto; the right to obtain registrations, renewals and extensions thereof throughout the world, and the registrations, renewals and extensions thereof, assigns said. work, registration, renewals and extensions and any and all existing rights of any nature whatsoever for the complete term of this agreement. The Composer here'by transfers an irrevocable Legal Power authorizing the Publisher, its successors and. assigns, to file applica- tions for renewal, and to renew and/or extend the registration on his behalf in order to secure for the Publisher, its successors and assigns, the renewal thereof and its consequent extensions. 9. The composer agrees to indemnify and protect the Publisher against losses, expenses or damages by reason of any adverse claim by other persons with respect to the work; and agrees that all expenses incurred in defending those charges — including legal expenses, as well as any payment by the Ppblisher by court order, arbitration or in other decisions or settlements. reached. at the Publisher's discretion (TRANSLATOR'S NOTE: this sentence is incomplete). The responsibility shall be for the Composer's account at all times and, may be deducted. from the monies accrued by the composer under the terms of this agreement or under any other circumstances. 10. The Composer agrees that he shall not assign this contract, or any sum which may be owed under the terms specified herein, without the Publisher's written consent. 11. Except as set forth in the provisions contained. herein, this contract shall be legally binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF: COMPOSER
COMPOSER
IN WITNESS WHEREOF: LATIN AMERICAN MUSIC COMPANY FOR: Addition to the Contract entered into on this day of 19 , between LATIN AMERICAN MUSIC COMPANY, hereinafter called the Publisher, and.
hereinafter Jointly and individually called the composer. 1. The composer declares and acknowledges thai, this is an exclusive contract.. 2. That in addition to the previously-mentioned compositions, there may be others composed. by the composer, not listed. herein, which may also become a part of this contract. 3. That during the next three years he shall compose songs which will be assigned to LAMCO under this exclusive agreement for their commercial exploitation under the conditions applicable to the previous compositions, as indicaied in this contract,.
4. That all performance rights are also assigned. to LAMCO under this agreement,, pursuant to the first and second. clauses hereof. That LAMCO shall represent, the composer before any and all Performance Royalty collection societies in the United States and. throughout the world; and that it may negotiate these rights, in accordance with and. under the terms of the said exclusive agreement.
5 ~ That he has received from LAMCO as a compensation an advance in amount of 8 against, royalties to be collected. on all his songs and under the terms and. conditions hereinabove set forth. Thai. this exclusive contract shall be renewed. automatically within thirty (30) days of its expiration unless one of the parties gives notice by regis- tered. mail of his intention to terminate thirty (30) days prior to its expiration.
IN WITNESS WHEREOF: COMPOSER
COMPOSER
LATIN AMERICAN MUSIC COMPANY
IN WITNESS WHEREOF: FOR: Addition to the contract entered. into on this d.ay of 1985, between LATIN AMERICAN MUSIC CO INC, hereinafter called. the PUBLISHER, and of hereinafter called. the composer.
1 — The composer declares and. acknowledges that this is an exclusive contract and. for the entire world..
2 — That in addition to the compositions listed. herein, there are others composed by the composer, which may become a part of this contract.
3 - That the said, compositions shall be listed and subsequently added. to this contract.
4 - That during the next three (3) years all songs composed. by the composer shall become a part of this contract under the same terms and conditions.
5 — That the composer is not a member of any authors'rganization and that all performance rights to his compositions shall become a part of this contract. These performance rights shall be administered by and. under the denominations EDITOR, de(LAM), Latin American Music Co. Inc. and. (ACEMLA) Asociacion de Compositores y Editores de Musica Latinoamericana. 6. That this contract is in accordance with the laws of the United, States of America and. that each claim shall be settled by arbitration. 7. That this contract shall be renewed automatically within thirty (30) days of its expiration, unless one of the parties gives notice, by registered. mail, of his intention to the contrary, thirty (30) days prior to its expiration.
IN WITNESS %HEREOF COMPOSER
IN @ITNESS mrZREOF
LATIN AMERICAN MUSIC CO INC
TRANSLATED 9/26/85 Pablisher Po,
b) published an Form 2 lished and st c) each and ev& and sold by Publisher Popular Song Contract event that th one or more
receive that ] to the total n Writer(s) be d) Flj the recordin productions, in the Unite sum or sum& AGREEMENT made this day of 19 between organization "Publisher" (hereinafter called the ) and e) FII the Publishei jointly and/or severally (hereinafter called "Writer(s)"): by any publi Witnesseth: the United S f) The 1.00) Dollar and In consideration of the agreement herein contained and of the sum of One ($ copies or an other good and valuable consideration in hand paid by the Publisher to the Writer(s), receipt of or for adveri which is hereby acknowledged, the parties agree as follows: g) TllI 1. The Writer(s) hereby sells, assigns, transfers and delivers to the Publisher, its successors performance com- and assigns, a certain heretofore unpublished original musical composition, written and/or society with posed by the above named Writer(s), now entitled: 5. Itisu payable join&
including the title, words and music, and all copyrights thereof, including but not limited to the copyright registration thereof No. , and all rights, claims and demands in any the entire way relating thereto, and the exclusive right to secure copyrights therein throughout 6. The P world, and to have and to hold the said copyrights and all rights of whatsoever nature now and the six mont licenses relating thereto, hereafter thereunder existing and/or existing under any agreements or ber 31st, ro) for and during the full terms of all of said copyrights. In consideration of the agreement herein two years fr& contained and the additional sum of One ($1.00) Dollar and other good and valuable consideration in which ro of which is hereby acknowledged, the in hand paid by the Publisher to the Writer(s), receipt thereto by tl delivers Pubhsher, its successors and assigns,
Writer(s) hereby sells, assigns, transfers and to the stated as to,
all renewals and extensions of the copyrights of said musical composition(s) whether now known Royalties ar& or hereafter created throughout the world to which the Writer(s) may be entitled now or hereafter, at the rate o'. and all registrations thereof, and all rights of any and every nature now and hereafter thereunder In the existing, for the full terms of all such renewals and extensions of copyrights. The Writer(s) hereby least one of! authorizes and Publisher renew, to law, for and in the name of the empowers the to pursuant a) put Writer(s), if living, the copyrights of the said musical composition, and to execute and deliver in customary f& the name of the a formal assignment of each renewal copyright to the Publisher, for its Writer(s) b) cai own use and benefit. and distribu& 2. The warrants exclusive and original Writer(s) hereby that the said composition is his sole, c) fice work, and that he has full right and power to make the within agreement, and that there exists no picture, or t adverse claims to or in the said composition. d) pai 3. The Writer(s) hereby warrants that the foregoing musical composition is new and original hereunder. and does not infringe any other copyrighted work and has been created by the joint collaboration Then the of the Writers named herein and that said composition, including the title, words and music to the effect thereof, has been, unless herein otherwise specifically noted, the result of the joint efforts of all in which to & the the undersigned Writers and not by way of any independent or separable activity by any of c), or d) of tl Writers. (30) day per. 4. In consideration of this agreement, the Publisher agrees to pay the Writer(s) as follows: Writer(s) wi as a non-returnable advance against the royalties payable to Writer(s) a) previously I hereunder, which sum, and all other advances which may be paid, shall be deductible from pay- this agreem ments hereafter becoming due the Writer(s) hereunder or under any other agreement heretofore representati or hereafter made between the parties. publication; 540 basis; and n Publisher Popular Song Contract 541
b) cents per copy, for each and every regular pianoforte copy thereof published and sold by and paid for to the Publisher in the United States and Canada; cents per copy, for each and every dance orchestration thereof pub- lished and sold by and paid for to the Publisher in the United States and Canada. c) percent of the wholesale selling price (after trade discounts if any) for each and every printed copy of each and every other arrangement and edition thereof published and sold by and paid for to the Publisher in the United States and Canada, except that in the act event that the said work shall be used or caused to be used in whole or in part in conjunction with one or more other musical compositions in a folio or album, the Writer(s) shall be entitled to receive that proportion of said percent which the musical composition shall bear to the total number of musical compositions contained in such folio or album, but in no event shall Writer(s) be entitled to receive more than $ 12.50 for each edition of lyrics only allowed. d) FIFTY (50%) percent of any and aH net sums actually received by the Publisher from the recording thereof in phonorecords, electrical transcriptions, motion pictures, and television productions, and from aH other rights therein (except as otherwise specifically provided for herein) in the United States and Canada except that the Writer(s) shaH not be entitled to share in any sum or sums received by the Publisher from ASCAP or BMI or any public performance rights 19 between organization which pays performance fees directly to songwriters. e) FIFTY (50%) percent of any and aH net sums actually earned and actually received by the Publisher from sales and uses (other than public performance uses for which Writer(s) are paid by any public performance rights organization) of the musical composition in countries outside of the United States and Canada. f) The Publisher shall not be required to pay any royalties on professional or complimentary f One ($ 1.00) Dollar and which are distributed gratuitously to performing artists or orchestra leaders of copies or any copies o the Writer(s), receipt or for advertising or exploitation purposes. The Publisher shall not be required to pay royalties earned by reason of the public Publisher, its successors g) performance of the musical composition; said royalties being payable only by the performing rights 'tion, written and/or com- society with which Writer(s) is or may in the future become affiliated. 5. It is understood and agreed by and between aH the parties hereto that aH sums hereunder payable jointly to the Writer(s) shall be paid to and divided amongst them respectively as follows: NAME SHARE ing but not limited to the aims and demands in any ein throughout the entire 6. The Publisher shall render the Writer(s), as above, on or before each August 15th covering atsoever nature now and the six months ending June 30th; and each February 15th covering the six months ending Decem- licenses relating thereto, ber 31st, royalty statements accompanied remittance for any royalties due thereunder. After of the agreement herein by two years from the date of this agreement, royalty statements shall be rendered solely for periods nd valuable consideration which royalties are due. Said statements and payment, in the absence of written objection acknowledged, the in ereby thereto the Writer(s) within ninety (90) days from receipt thereof, shall constitute an account ts successors and assigns, by stated as to aH royalties due for the period encompassed by such statement and/or payment. whether now known on(s) Royalties are payable only when received by Publisher in the United States and in dollar equivalent entitled now or hereafter, the rate of exchange at the time Publisher receives payment. hereafter at and thereunder 7. In the event that Publisher, within one (I) year from the date hereof, has not performed at hts. The Writer(s) hereby least one of the following acts: r and in the name of the published and offered the musical composition for sale in regular piano copies or other to execute and deliver in a) customary form of trade publication; or ht to the Publisher, for its b) caused a commercial phonograph record embodying the musical composition to be made and distributed; or le, exclusive and original c) licensed the use of the musical composition or any part thereof in or as part of a motion , and that there exists no picture, or television picture, or live production, or dramatic or musical production; or d) paid to the Writer(s) the sum of Fifty ($50.00) Dollars as an advance against afi royalties sition is new and original hereunder. by the joint collaboration the Writer(s) shall have the option to give Publisher, by registered mail, written notice " Then title, words and music to the effect Publisher shall have thirty (30) days after receipt of such notice from the Writer(s) : of the joint efforts of aH in which to cure such failure by performing any one of the acts contained in subparagraphs a), b), such thirty ole activity by any of the c), or d) of this paragraph, In the event that Publisher shall not cure such failure within (30) day period, then aH rights in and to the musical composition shall automatically revert to the &e Writer(s) as follows: Writer(s) without any further liability on the part of Publisher hereunder and subject to aH licenses lties payable to Writer(s) previously given by Publisher hereunder. Anything to the contrary notwithstanding, nothing in l be deductible from pay- this agreement contained shall prevent the Publisher from authorizing publishers, agents and er agreement heretofore representatives in countries, inside and outside of the United States from exercising exclusive publication and aH other rights in foreign countries in said composition on the customary royalty basis; and nothing in this agreement shall prevent the Publisher from authorizing publishers in the 542 Form 2 Publisher Po/
United States from exercising exclusive publication rights and other rights in the United States IN WITNESS W in said composition, provided the Publisher shall pay the Writer(s) the royalties herein stipulated. first above w 8. The Writer(s) hereby consents to such changes, adaptations, dramatizations, transpositions, editing and arrangements of said composition, and the setting of words to the music and of music to the words, and the change of title as the Publisher deems desirable. In the event that the Witness: composition covered by this agreement is an instrumental composition, then and in such event the Writer(s) hereby irrevocably grants to the Publisher the sole and exclusive right and privilege Witness: to cause to have lyrics written for such composition by a writer or writers designated by the Publisher, which lyrics shall require only the approval of the Publisher, whereupon the Writer(s) Witness: shall be entitled to only one-half of the aforementioned royalties provided in this agreement. The Writer(s) hereby waive any and all claims which they have or may have against the Publisher and/ or its associates, affiliated and subsidiary corporations by reason of the fact that the title of the said composition may be the same or similar to that of any musical composition or compositions heretofore or hereafter acquired by the Publisher and/or its associated, affiliated and subsidiary corporations. The Writer(s) consents to the use of his (their) name and likeness and the title to the said composition on the music, folios, recordings, performances, player rolls and in connection with publicity and advertising concerning the Publisher, its successors, assigns and licensees, and said composition and agrees that the use of such name, likeness and title may commence prior to publication and may continue so long as the Publisher shall own and/or exercise any rights in said composition. 9. Written demands and notices other than royalty statements provided for herein shall be sent by registered mail. 10. Any legal action brought by the Publisher against any alleged infringer of said composition shall be initiated and prosecuted at the Publisher's sole expense, and of any recovery made by it as a result thereof, after deduction of the expense of the litigation, a sum equal to per cent shall be paid to the Writer(s). (a) If a claim is presented against the Publisher in respect of said composition, and because thereof the Publisher is jeopardized, it shall thereupon serve written notice upon the Writer(s), containing the full details of such claim known to the Publisher and thereafter until the claim has been adjudicated or settled shall hold any moneys coming due the Writer(s) in escrow pending the outcome of such claim or claims. The Publisher shall have the right to settle or otherwise dispose of such claims in any manner as it in its sole discretion may determine. In the event of any recovery against the Publisher, either by way ofjudgment or settlement, all of the costs, charges, disbursements, attorney fees and the amount of the judgment or settlement, may be deducted by the Publisher from any and all royalties or other payments theretofore or thereafter payable to the Writer(s) by the Publisher or by its associated, affiliated, or subsidiary corporations. (b) From and after the service of summons in a suit for infringement filed against the Publisher with respect to said composition, any and all payments thereafter coming due the Writer(s) shall be held by the Publisher in trust until the suit has been adjudicated and then be disbursed accordingly, unless the Writer(s) shall elect to file an acceptable bond in the sum of payments, in which event the sums due shall be paid to the Writer(s). 11. "Writer" as used herein shall be deemed to include all authors and composers signing this agreement. 12. The Writer(s), each for himself, hereby irrevocably constitutes and appoints the Publisher or any of its officers, directors, or general manager, his (their) attorney and representative, in the name(s) of the Writer(s), or any of them, or in the name of the Publisher, its successors and assigns, to make sign, execute, acknowledge and deliver any and all instruments which may be desirable or necessary in order to vest in the Publisher, its successors and assigns, any of the rights hereinabove referred to. 13. The Publisher shall have the right to assign this agreement and its obligations hereunder, or sell, assign, transfer, license or otherwise dispose of any of its rights and obligations in whole or in part under this agreement to any person, firm or corporation, but said disposition shall not affect the right of the Writer(s) to receive the royalties hereinabove set forth from the assignee. 14. This agreement shall be construed only under the laws of the State of New York. If any part of this agreement shall be invalid or unenforceable, it shall not affect the validity of the balance of this agreement. 15. This agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives and assigns, and represents the entire understanding between the parties. 543 Contract Form 2 Publisher Popular Song their hands and seals the day and year the parties hereto have hereunto set States nu wtYNnss wHnanot:, United written. :in stipulated. first above ranspositions, : and of music By event that the Witness: Writer in such event Address t and privilege Witness: Soc. Sec. 4 ignated by the Year of Birth Witness: n the Writer(s) Writer Ireement. The Address Publisher and/ Soc. Sec. 4 the title of the Year of Birth r compositions Writer and subsidiary Address md the title to Soc. Sec. 4 I in connection Year of Birth ,licensees, and ,mence prior to iy rights in said
:in shall be sent iid composition very made by it on, and because nthe Writer(s), til the claim has row pending the .herwise dispose te event of any :costs, charges, be deducted by :rpayable to the ons. filed against the coming due the ited and then be id in the sum of users signing this nts the Publisher esentative, in the ssuccessors and itswhich may be signs, any of the stions hereunder, ligations in whole position shall not rom the assignee. &ew York. If any hevalidity of the respective parties is,and represents .A/B/S Exh. / 7 X
I COMPLIANCE OF JUKEBOX OPERATORS LISTED IN LAM ATT. 12
1'982 1983
1. McQann Amusement Co. 2271 Westchester Ave., Bronx, NY 2. Tom Gallagher 191 Howard, Brooklyn, NY 3. Empeck Amusement Co. 39-30 Sally Lane, Oceanside, NY 4. Bellmore Enterprises 981 Wenwood Dr., N. Bellmore, NY 5. Betson Vending 6 Empire Blvd., Menachie, NJ 264 239 6. Herald Music 84 Marcy Ave., Brooklyn, NY 36 25 7. Lido Vending 4510 Skillman, Long Island City, NY 73 58 8. East End Vending 1304 Hollywood, Bronx, NY 9. L 6 A Music 35-08 Flatland Ave., Brooklyn, NY 41 31 10. Crown Vending 11159 44th Ave., Corona, NY ll. Mannies Cigarette Service. 854 Communipaw Ave., Jersey City, NJ 143 187 12. C.V.E. Vending 750 Clifton Ave., Clifton, NJ 13. Nyack Vending 66 Leber Road, Blaubert„ NY 24 14. Trataglia Brothers 474 Ellendale Ave., Portchester, NY 15. La Salle"Vending 10 Van Courtland Ave., E. Bronx, NY 139 PAGE 2
1982 1983
16. Steerwell Inc. 1700 Paterson Rd. Plank, N. Bergen, NJ 17. Corona Vending Co. 106-29 Corona Ave., Corona, NY 18. Musical Moments 2773 Webster Ave., Bronx, NY 19. Harbor Automatic 123-04 Metropolitan Ave., Kew Gardens, NY 97 125 20. Chess Amusement 397 Passaic Ave. Lodi, NJ 21. Master Vending 336 Totowa Rd., Totowaboro, NJ 22. Diaz Music Co. 2005 Hobart Ave., Bronx, NY 23. Eastern Music Systems 500 N. 12 St., Philadelphia, PA 24. Regal Vending 1915 W. 9th St., Chester, PA 25. Appel Vending Inc. W. Wingohocking, Philadelphia, PA 157 149 26. Mida Amusement. Co. Philadelphia, PA 83 50 27. Northwest Vending aka Northwest Amusement Co. 417 East Allegheny, Philadelphia, PA 28. Mikler Amusement Philadelphia, PA 29. Terminal Vending Philadelphia, PA 30. Century Vending Co. Philadelphia, PA 31. Rose Vending Philadelphia, PA
Source: United States Copyright. Office