BEFORE THE COPYRIGHT ROYALTY TRIBUNAL WASHINGTON, D.C. In the Matter of ) ) 1984 Juke-Box Royalty ) Docket No. Distribution Proceedings ) SUPPLEMENTAL STATEMENT PURSUANT TO 37 C.F.R. SECTION 305.4 Asociacion de Compositores y Editores de Musica Latino- americana ("ACEMLA"), having duly filed a claim of entitlement pursuant to 37 C.F.R. Sections 305.2, 305.3 and having filed a statement pursuant to 37 C.F.R. Section 305.4 on November 5, 1985, submits this supplemental statement and documentation on November 5th filing. 1. In Paragraph 4 of ACEMLA's November 5th Statement, I ACEMLA cited a study undertaken by Discos CBS International as cited in the publication "Music Video Retailer" in January 1983. Attached hereto as Exhibit 1 is the article concerning Discos CBS International's study. 2. In Paragraph 5 of ACEMLA's November 5th Statement, an article entitled "Spanish Speaking Market on the Move" from the January 1983 issue of "Music Video Retailer" was also cited. This article is attached as Exhibit 2. 3. Paragraph 7 of ACEMLA's November 5th Statement noted that "throughout 1984 a significant number of hits whose copy rights were owned or administered by ACEMLA appeared in trade charts both in 45 rpm or LP form. These trade charts reflect the major songs in the United States Hispanic market." 4. Attached hereto as Exhibit 3 are hit Latin record charts from the publication "Canales", published in New York City, for the months of January 1984 through November 1984. The circled numbers next to the title and the circled titles in- dicate titles that are in in ACEMLA's catalogue. ACEMLA is, however, not limiting itself to claiming only those titles that are circled are in ACEMLA's catalogue. Other titles appearing on these charts may also be in ACEMLA's catalogue.— 5. Attached hereto as Exhibit 4 are selected pages from the publication "Gula Radial del Show" which is published weekly in Puerto Rico. The first side of the page displays two hit record charts courtesy of Music City, a record store in Puerto Rico. The circled titles are titles in ACEMLA's catalogue. ACEMLA is not limiting itself to claiming only the circled titles on these charts but may also own the rights for other titles 1/ The question marks next to some titles were made by ACEMLA's staff in the course of their review of the material to indicate which titles were probably in ACEMLA's catalogue. ACEMLA's control over the particular title was confirmed by its staff and indicated by circling the title or the number next to the title. In light of ACEMLA's late-filed "Statement" and the necessary haste to supplement that "Statement", ACEMLA could not adequately investigate its control over each of the titles listed on these hit record charts, but rather only identified those titles which were instantly recognizable as titles in ACEMLA's catalogue. which appear here. Further, these charts span the months January to December, 1984 and the dates of the publication appear on the reverse side of the page. 6. Exhibit 5 includes the "Hit Parade Hispano of the United States" which appeared in the May 1984 edition of "Twenty Three Millones" a Hispanic publication published in Miami, Florida. The numbers which are circled next to various titles reflect that those titles are in ACEMLA's catalogue. However, other titles on this list may be in ACEMLA's catalogue and ACEMLA is not limiting its claim only to the titles encircled. V. Exhibit 6 consists of hit record charts which appeared in the publication "Farandula" in May and December of 1984. "Farandula" is published in both New York and Puerto Rico. The lists reflects hit songs in both Puerto Rico and New York. The circled titles and the numbers circled next to the titles re- flect that those titles are in ACEMLA's catalogue. Again, ACEMLA is not limiting its claim to only those titles circled but notes that other titles on this list may also appear in ACEMLA's catalogue. 8. Exhibit 7 consists of record charts for Latin long playing records which appeared in Billboard Magazine during the months of January, February, March, April, May, June, July, August and September, 1984. The titles or numbers next to the titles which are encircled represent long playing Hispanic re- cords which contain single records which were manufactured on 45 rpm and whose titles are in ACEMLA's catalogue. ACEMLA's claim does not limit itself only to those titles encircled. Other titles on these hit record charts may contain 45 rpm records whose titles appear in ACEMLA's catalogue. 9. Finally, Exhibit 8 includes hit record charts dis- tributed by Radio Station WJIT, a Spanish language radio station licensed to New York City, New York. These lists are dated January, March, April and December of 1984. Titles circled on this list are titles which are in ACEMLA's catalogue. ACEMLA's claim is not limited to the titles encircled and other titles on this list may also be in ACEMLA's catalogue. 10. In light of ACEMLA's November 5th statement and the instant supporting documentation, ACEMLA submits that an award of 10% of the 1984 Juke-Box Royalty Fund is appropriate. WHEREFORE, for the foregoing reasons, it is respectfully requested that ACEMLA be entitled to 10% of the 1984 Juke-Box Royalty Fund or such other share which the Copyright Royalty Tribunal determines is fair and equitable. Respectfully submitted, ASOCIACION de COMPOSITORES y EDITO S de MUSICA LATINO- AMER A By Shrinsky, Weitzman 4 Bruce A. Eisen Eisen, P.C. 1120 Connecticut Ave., N.W. Washington, D.C. 20036 (202) 872-0010 By Allan G.'oskowitz November 12, 1985 Its Attorneys EXHIBIT 1 ~ vr ~ ~ ~ ~ ~ wrv ~ «aiaaarlr«ar ~ «vive r« r«t ( uterziiatiietzmj.;:;,, conanued irom «r 1 K)iisetos CHS 'Advice To Retailers Htji.iill.dL Markets HeilPs ~ .. Carter offers some advice to «t —.tgag,dutto tgteataaoutaotdevertt) retailers who may realize the po- . "What we are trytog to oo ' product, in- i tential profit in the Spanish CBS Is to make the retailer, who thing, including Anglo in clientele, mors." south Florida. market, but are still hesitant has Hispanic the commitment. "Look at of his market," says Ron.':. 'We are'.also supplying making a aware Pickwick, and understand Chaimowitz, vice president/gen.'andleman Company, the population INerchandisers, Sonldo if a white retailer of Discos CBS Inter- Western the importance. erai manager and Show In- has a stereotype of the Hispanic national. "Our research indicates Latino, Sam Goody, wrong. is a heavier dustries.Amajorrackin Califor- buyer, it is most likely very that the Hispanic now and that than the Anglo. It Is nla (Viking Records) has The families are large, record buyer to Latin be spent in his crossover market; His. devoted its operation money could easily also a Its name to: store. panics are purchasing Anglty prod. music and changed Latino. Clearly, many poo-.' "There are tremendous oppor- uct. If a retailer carries both, he is Viking tunities in this market in a time when domestic sales are feeling CBS SURVEY the pinch of inflation. Spanish GveraII Record ad@ Tape and %heir stores are holding their own, Xs in some cases, flourishing. Look Huying Significant... at Spanish television, you will see AVERAGE ANNUAL PURCHASES .; ads by Sony, Coke, Miller beer, ji.3; even Frank Perdue. If most of cor- Spanish Records porate America realizes the Tapes 3;:-; strength of this market, why Spanish should the record industry ignore '-Angle Records Q " 1~&.: it?" . Anglo Tapes .".. ,Ql, r " . 20@~ ., Total, ....,,, SUL''L&'kN''~ Iikely to attract multiple sales." piearitakingthlsmarketseriously". aditi,"UJ 8LLt t18 Chalmowitz admits there Is Television promotion has been some resistance from retailers,'ery successful, and Chaimowltz but adds that CBS is more than'': Intends to step up the campaign.: 1 willing to help develop their "We have used a substantial market."We are willing to spoon- amount of television ads to sell and it has worked very Ml ™ I nurture the retailer..records, ~ «vl.«a w « tl feed andhelp rK„Q lite don't send in salespeople to well. We Intend to make our ads « to expand +'-lg &p push product down their throats. more creative, andhope for our channels of distribution."con-"'oast 't « We product that is good pick re.'hile executive :i their area. For example, the West'-: The veteran I has a Nlexlcan orientation, eluded by offering advice to 'y'b favors'allers Just entering the Spanish I« .t the East Coast "Go for the hit product, Vtti Spanishballads and Salsa music. market. this Is a': Wecatertothesespecificreglons . but keep In mind that WITH THE SPANISH S7ARS: of the international strong catalog business. The hit . ' and make note * Rafael * Sarita Nontlel * artists who sell well on both"'roductwlllserveasavaluablein: Narisol * Manolo Fabregas 4 troductlon to the retailer. * Ana Belen * Paul llaschy *'a~i coasts." While some retailers are hesl "Use the salespeoplea Theywlll y~mi V98-7O28 tant, others have made a strong help you analyze the customer OR WRITE: and provide you with prod- commitment to Spanish product needs 'ith that has paid off In growing sales. uct that will not Just sit around ln "We are currently selling direct to the store." Cl the 14.store Spec's chain In Charts courtesy of Ronald 1%(. and ::"M~fj7j;m Florida, who are doing 'quite well ChatmowIta, vIce presIdent this product. In fact, for a six- general manager, Dlscos CBS 1981 and International e week period in both 22-MueicNideo Retailer, January, 1983 EXHIBIT 2 — :; f you were to ask a retailer own product." Since then, the that of the general population.