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Disco File Top 40 the AGAC/Nsaibriefchal- of Film" That Can Be Attached to MAY 16, 1981 20

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Disco File Top 40 the AGAC/Nsaibriefchal- of Film CRT(Continued from page 3) April Wine's First U.S. Gold of Authors and Composers "notsions, but concluded that "there supported by the law" andits is no authority for any kind of request for a possible higher rate interim adjustment." a "novel prayer for relief" where- The National Association of Re- in the AGAC "wants to have itscording Merchandisers also filed cake and eat it too." a brief stating that costs will be The brief also states that the passed on to the consumers (the initial brief filed by the National CRT feltthey would not) and Music Publishers' Association was termedtheTribunaldecision "an inadequate attempt to write"arbitrary, capricious, or in vio- an opinion for the Tribunal." lation of the Copyright Act." Therecordindustrylawyers Finally, the Justice Department, were not the only legal grenadiers serving as the Tribunal's lawyers, Capitol Records recently presented April Wine with their first U.S. gold records for the in this rather labyrinthine exercise argued that the CRT's decision LP "The Nature of the Beast," which features the top 20 hit,"Just Between You inpre-trial jockeying. and Me," and their previous album, "Harder . Faster." Pictured from left are was not arbitrary or capricious. (standing): Walter Lee, vice president, sales, Capitol;Rupert Perry,vicepresident, Calling the CRT's decision on "The actual arguments," it A&R, Capitol; Gary Moffet, April Wine; Terry Flood, group's manager; Lloyd Breault, the four -cent rate one that "con- stated, "are nothing more than road manager; Steve Lang, April Wine; Donald K. Donald, Aquarius Records partner; tainsallofthehallmarksof the parties' disappointment with Myles Goodwyn, AprilWine; DonZimmermann, president,Capitol/EMIA/Liberty reasoned decision making," the Records Group. Seated: Dan Davis, vice president, creative services; Dennis White, the result" of the decision, and vicepresident,marketing;Jerry Mercer,AprilWine;Ray Tusken,national AOR NMPA's answering briefasserts said the court should declare the promotion manager; and Brian Greenway, April Wine. that the "RIAA's real complaint decision lawful. is that the Tribunal found RIAA's Reply briefs for all parties are Elton John Arista Raises Prices evidence (throughout the hearing) (Continued from page 3) not credible, not reliable, and ir- due May 22. Oral arguments have (Continued from page 3) been scheduled for June 18. or more will be increased by ap- relevant," adding that Tribunal's legal battle was fired by the Elton proximately3.6percent.The "express finding" of record in- John parties on March 19 with aselling price of all albums with a dustry financial setback data wasAnti -Counterfeit suit charging MCA with breach ofsuggested retail list price of $5.98 "not credible." Device Introduced contract and asking $1.3 million andallseven-inch and 12 -inch The NMPA charged the RIAA singles will be increased by ap- in damages and $10 millionin with appealing the rate decisionBy Polaroid Corp. proximately five per cent. merely to affect a stay at the old exemplary damages (Record AccordingtoGoldman,the rate.Quoting another decision, LOS ANGELES - Ananti - World, March 28). MCA counter- counterfeiting device that may be raising of record prices to Arista's the NMPA accused the RIAA of sued shortly thereafter, claiming distributors is necessitated by the prolongingtheold rate"by used to detect bogus records and tapes has been developed by the that the delivery of "The Com- continually escalating costs in the cozening court and agency (to) manufacturing and marketing engage in a nigh endless game of Polaroid Corporation. The device, plete Thom Bell Sessions" did not said to be a product of years of areas of the industry. These in- battledore and shuttlecock. " constitutefulfillmentofJohn's research in this area by the com- creases will apply to allrecords NMPA again concluded that the label obligations under the terms pany, was introduced by Polaroid and tapes on Arista and Arista's court should affirm the CRT de- of the 1976 contract. distributed labels. cision,butsetaside the five - about two weeks ago. month delayofthe"effective WhencontactedbyRecord date" of the hike, making it retro- World, a Polaroidspokesman active to February 1, 1981. described the product as "a piece Disco File Top 40 The AGAC/NSAIbriefchal- of film" that can be attached to MAY 16, 1981 20. BREAKING AND ENTERING lenges a number of arguments "all sorts of surfaces and on which DEE DEE SHARP GAMBLE/Phila. Intl. all 1. PARADISE (12"*) JZ 36370 (CBS) put forth by the RIAA in its open- kinds of images can be im- CHANGE/Atlantic/RFC (12"") SD 19301 printed, but never duplicated." 21. FANTASY (entire LP) ing brief, makingitclear once 2. PULL UP TO THE BUMPER Pavillion JZ 37151 (CBS) again that both songwriter organ- Ifthe device were to be at- GRACE JONES/Island (12"*) ILPS 9624 22. CALL IT WHAT YOU WANT tached to a record jacket or tape (WB) BILL SUMMERS AND SUMMERS HEAT/ izations would like the court to 3. BODY MUSIC MCA (12"*) 5176 reverse the CRT decision because package - with, for example, a STRIKERS/Prelude (12") PRLD 608 23. WALKING ON THIN ICE it denies an increase in the Statu- manufacturer's logo imprinted on 4. DON'T STOP YOKO ONO/Geffen (12"*) 49683 (WB) K.I.D./Sam (12") S 12337 24. BAD COMPANY/ROCK ME toryrateabovethefour -cent it - it would be easily detectable 5. Al NO CORRIDA/BETCHA ULLANDA McCULLOUGH/Atlantic (12"*/ level. by the naked eye, asit would WOULDN'T HURT ME LP cut) SD 19296 QUINCY JONES/A&M (I2"*/LP cut) SP 25. GOOSEBUMPS "The usual function of a rateflicker when the jacket or pack- 3721 DEBRA DEJEAN/Handshake (12") 4W8 regulation," it stated, "is to pro- age was moved back and forth 70072 6. TRY IT OUT 26. QUE PASA/ME NO POP I tect the weak from the strong. under a light,the spokesman GINO SOCCIO/Atlantic/RFC (12"*) SD COATI MUNDI/Ze/Antilles (12") AN 807 16042 Here rate regulation protects an said. 27. ALL AMERICAN GIRLS 7. DYIN' TO BE DANCIN' SISTER SLEDGE/Cotillion (12"*) SD oligarchy. The recording industry Makers of a variety of consumer EMPRESS/Prelude (12") PRLD 609 16027 (Atl) is dominated by a fewlarge goods have contactedPolaroid 8. HEARTBEAT 28. FEEL IT TAANA GARDNER/Wes+ End (12") WES REVELATION/Handshake (12")4WB 5309 conglomerates . (and) music about possible applications of the 22132 29. RAPTURE publishers, not to speak of indi- device (which costs about one 9.IF YOU FEEL !IT BLONDIE/Chrysalis (LP cut) CHE 1290 vidual songwriters, are simply not THELMA. HOUSTON/RCA (12") JD 12216 30. LOOKING OUT FOR NUMBER ONE cent per square inch), added the 10. HIT 'N' RL171 LOVER LAURA BRANIGAN/Atlantic (12"*) 3087 in this league." spokesman,includingmanufac- CAROL JiANI/Ariola (12") OP 2208 31. SET ME FREE The brief added that "there has (Arista) THREE DEGREES/Ariola (LP cuts) OL 1501 turersofdesignerjeans."The 11. NIGHT (FEEL LIKE GETTING DOWN) (Arista) never beenafullysatisfactory possibilitiesareincredible,"he BILLY OCEAN/Epic (12") 48 02049 32. IT'S A LOVE THING explanationof why songwriters said,andalthoughnoiecGrri 12. LAY ALL YOUR LOVE ON ME WHISPERS/Solar (12"") BZLI 3578 (RCA) ABBA/Atlantic (12"*) SD 17023 33. STARS ON 45 (MEDLEY) alone, out of all the suppliers to companies have yet approaches; 13. LOVE (IS GONNA BE ON YOUR SIDE) STARS ON/Radio (12*/LP cut) RR 16014 record companies, should be sub- Polaroid about usingit,"unless FIREFLY/Emergency (12") EMDS 6515 (AM 14. GET TOUGH 34. SIXTY THRILLS A MINUTE ject to a ceiling rate." there are some kind of mechani- KLEEER/Atlantic (12"*) SD 19288 MYSTIC MERLIN/Capitol (12"*) ST 12137 The AGAC and NSAI seek a calor chemicalrestrictions,it 15. GIVE IT TO ME BABY 35. WON'T YOU LET ME BE THE ONE RICK JAMES/Gordy (12"*) G8 1002M1 MICHAEL McGLOIRY/Airwave (12") broader "bargaining range" should work forrecords.The (Motown) AW12 94964 standard. company will be promoting the 16. YOUR LOVE 36. MAKE YOU MINE Alsofilingansweringbriefs production the next few weeks; LIME/Prism (12")PDS 409 SIDE EFFECT/Eiektra (12"*) 47112 17. FEELS LIKE I'M IN LOVE 37. CAN YOU FEEL IT were the Amusement Machine we'llbe very aggressive about KELLY MARIE/Coast to Coast (12") 428 JACKSONS/Epic (12"*) FE 36424 Operators' Association, represent- addressing all forms of counter- 02023 (CBS) 38. LET ME BE THE ONE 18. GET UP (ROCK YOUR BODY) WEBSTER LEWIS/Epic (12"*) FE 36878 ing jukebox owners, which sided feiting, but Idon't have a: -e- 202 MACHINE/Fire-Sign (12") EST 1451 39. WHAT 'CHA GONNA DO FOR ME (LP) by and large with the record in-cifics about what forms we'll be 19. SEARCHING TO 'FIND THE ONE CHAKA KHAN/Warner Bros. HS 3526 UNLIMITED TOUCH/Prelude (12"*) PRL 40. ANY TIME IS RIGHT dustry interim adjustment provi-addressing first." 12184 ARCHIE BELL/Becket (12"*) BKS 015 RECORD WORLD MAY 16, 1981 41.
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