08120 0 6 lO6D AL Y# F3 0O9 152t, JVN 76 21 05 052 526098143456 NEWSPAPER t. DALY E38 50 CRESCENT ST HARTFSRD CT 06106 A Billboard Publication The International Music -Record -Tape Newsweekly January 17, 1976 $1.50 Chain Retailers Say 5 Plead Guilty As Federal Holiday Business Up Industry Ignites By JOHN SIPPEL Probe Of LOS ANGELES -December, to finish, providing far larger dollar By JIM MELANSON normally the industry's biggest sales and unit volume than 1974. NEWARK -The government's month, was up from 5 to 35% for the Despite an extremely lethargic Eyes Court For industry probe heated up last week, nation's chain retailers. The 1975 start, 1975 was a banner record/ CBS when a former radio program direc- holiday season was good from start tape /accessory year. But the major- tor pleaded guilty in federal court ity of retailers interviewed com- here to receiving payola, and a ma- plained about the slow, irregular re- Promo Album Sellers jor wholesaler and members of a lease of super album packages since By IS HOROWITZ well -known recording group bowed Winter CES May Dec. 25. NEW YORK -CBS Records is in a study of the legal underpinning to charges of tax evasion. Al Dulberger, who operates four weighing the possibility of court ac- for such a mcve for the past two Added attention was also given to Not Be the Last 1812 Overtures in Milwaukee, ex- tion against persons diverting pro- months, after witnessing what it con- the probers' case against Brunswick/ in the ready By STEPHEN TRAIMAN pects the Janis Ian album late this motional records into the retailing siders a marked stepup Dakar president Nat Tarnopol and week. The promise of a new Carole pipeline. availability of promo disks for con- various other label executives, when CHICAGO a driving -Neither (Continued on page 66) The company has been engaged sumer purchase. In some cases, ac- a defense challenge opened up a snowstorm nor below zero tempera- tion against dealers may also be un- strong possibility that as many as 36 tures could put a chill on what had dertaken, it is understood. counts from an 86 -count indictment been billed as the last of the Winter A &M Wins Top Piracy $ Decision The CBS plan is further evidence may be dropped prior to trial time CES events. A survey by the spon- of increasing industry concern over here Tuesday (13). soring EIA /Consumer Electronics LOS ANGELES -A &M Records and $50,000 in punitive damages the growing numbers of "not -for- Group points to a continuation of has been awarded the largest judg- plus court costs to A &M. Defend- Entering guilty pleas before two sale" product offered for public pur- the two -a -year format rather than ment, $130,000 in cumulative dam- ants have 60 days in which to file an Federal District Court judges were chase. On one level, the Harry Fox the previously announced return to ages, ever awarded a single plaintiff appeal. Edward Portnoy, Record Shack Agency has tightened its label audit- Corp. wholesaler, the three members one annual event. nationally in a tape piracy trial by The court came down hard on the ing procedures in an effort to reduce A Friday (9) meeting of key ex- Superior Court Judge Julius M. Title of the group the Chi -Lites and pro- defendants, pointing up that corpo- losses of mechanical royalty revenue hibitors and the EIA /CEG staff was here. gram director Paul Burke Johnson - rate books and records kept by E -C by publishers (Billboard. :an. 10). to finalize the decision, but with Judge Title ruled that E -C Tapes, Portnoy and the Chi -Lites to tax Tapes failed to break down sales by evasion charges, vio- opening day attendance up approxi- Lake Villa, Ill., and Brookfield, Wis., But losses by record companies, and Johnson to the mately 10% over last year, and solid and David L. Heilman, its president geographical areas, and the defend- artists and sidemen, the latter lations of payola statute. buying on the floor, all indications and principal stockholder, pay ants made no effort to present such through non -payment of royalties to Of those admitting guilt, only (Continued on page 41) $80,000 in compensatory damages (Continued on page 12) (Continued on page 14) (Continued on page 12) Motown -CTI Battle Erupts By JIM FISHEL NEW YORK- Despite a coun- board, Dec. 20), and has shipped tersuit filed in U.S. District Court eight new releases to its new network here Wednesday (7) by Motown of independent distributors. Records asking for $28 million in In its countersuit, Motown denies damages for undelivered masters, all complaints in CTI's initial suit, CTI Records has implemented its and states that it was CTI boss Creed plan to sever its Motown tie (Bill- (Continued on page 57) Twist: Pop Going Country By GERRY WOOD NASHVILLE -As country songs tions. These stations have been play- display their greatest crossover ac- ing-and charting -a wide range of tivity on the pop charts, a relatively pop artists from Perry Como to new phenomenon -heavy reverse Barry Manilow. crossover of pop songs onto country The double crossover trend opens in charts -gains momentum. up new vistas of pop exploitation Hear a good band getting better ... TEAR GAS," the second album by Kenny Starr's debut MCA LP features the title song, his smash hit single Avoiding such examples as John the country field just as Nashville's American Tears for Columbia Records. A far -reaching album of interesting "The Blind Man In The Bleachers." Kenny Starr began his singer /song Denver, Olivia Newton -John, Chip alert record promoters have been ex- contrasts. Superbly played keyboard -based radio songs that are sophis- writer /guitarist career at the age of five, performing near his home in Taylor and Linda Ronstadt who can pertly cultivating the pop market ticated and ambitious, yet also simple and effective. Tears rock both hard Burlingame, Kansas. At sixteen Kenny turned to country music, won a spark endless debate over their pop with selected songs. and subtly, featuring good sounding songs with substance that hit im- talent contest and, as a result, performed with Loretta Lynn and Conway or country roots, the names of estab- Prodding the movement have mediately. American Tears. "Tear Gas." (PC 33847). The power trio tradi- Twitty. Now Kenny travels as part of Loretta's touring show. The album lished pop artists can easily,be found been songs such as these present tion gets re- defined. Heavy ivory rock on Columbia Records. was produced by Snuffy Miller. MCA -2177 (Advertisement) on the playlists of many country sta- (Continued on page 38) (Advertisement) (Advertisement www.americanradiohistory.com MIME§ It's a Killer!! On Capitol Records & Tapes www.americanradiohistory.com 3 General News Defy Eastern Chapter AGAC & WB Music Personal Mgrs. West Want No Part Of Lawyers' Snub To Arbitrate Royalties By IS HOROWITZ LOS ANGELES -The Conference of Per- managers and end the current legal limbo we sonal Managers West is not joining the drive are in." NEW YORK -The American Guild of Au- sion to audit the books of a foreign affiliate of against lawyer- manager combinations by the Mills adds that the Conference West is "not thors & Composers (AGAC) has taken the ar- a "major" U.S. publisher. East Coast division of the conference reported necessarily in accord" with the position of the bitration route to enforce its claim that Warner Warner Bros. and its subsidiary companies in Billboard Dec. 27. New York managers. He expressed surprise Bros. Music has failed to increase writer royal- have refused to comply with contract terms stepup in royalties "Practicing attorneys who double as per- that George Sheck, president of the Confer- ties on sheet music as wholesale prices were that require a proportional to writers on a flat per -copy deal on sheet mu- sonal managers are not our greatest problem ence East, would announce such a far- reach- raised. ing policy as preparing conflict of interest The move represents a new stiffer enforce- sic, as selling prices climb, AGAC charges. in California," says Arnie Mills, this year's charges before the American Bar Assn., without ment posture by the writers' group against The organization places two other publisher president of the Conference West. "Our efforts prior consultation with the California chapter. publishers thought to be in violation of the groups in the same recalcitrant category-Rob- here must be concentrated on seeking legisla- Los Angeles lawyer- manager Dann Moss standard AGAC agreement. Further evidence bins, Feist & Miller; and Valando Music. Ar- tion to give proper recognition to personal (Continued on page 6) of the new AGAC stance is its first -time deci- (Continued on page 14) Court Enjoins New U.K. Dealer Thuggy New Year Calif. Booking Law License Fee At N.Y. Concerts LOS ANGELES prediction essary to implement the act could -The Perplexing By JIM MELANSON that California's ambiguous Music not be in existence by Jan. 1. JONES Booking Agency law would not be He outlined further steps which By PETER NEW YORK -Disruption of con- The Coliseum abuses, though, are is confu- certs here by gangs events. implemented by its Jan. 1 effective must be taken: 1) funds and man- LONDON -There great roving of thugs the latest in a string of such date (Billboard, Dec. 6) came true power to be budgeted and allocated; sion in the U.K. among record retail- has taken a dramatic upswing in re- Recent concerts by Barry White at last week when Superior Court applications and examination forms ers over the amount the Performing cent months, creating headaches Madison Square Garden, Central Judge Harry L.