NE^S & REHEt^S

'"1 programs. W'hen millions of people in- ‘Betamax’ Case dividually are making copies of Optimism Over Recovery, CD copyrighted movies without permission, Positions Stated Kroft emphasized, the result is “commer- cial piracy.” Debut Mark 17th Ml DEM Fest in Supreme Court Responding to the argument that most by Nick Underwood 1,289 participants at the 1983 MIDEM. are for VCRs used to copy TV programs The worldwide music business is already Earl B. time-shifting the — As the build-up to the 1 7th an- by Abrams purposes (so viewer can beginning to converge in Cannes for this nual MIDEM gets underway, the latest of- see a program later that he would have mis- annual meeting, set for Jan. 24-28. The ficial projections reveal that the largest WASHINGTON — Opening arguments in sed), Kroft charged that as far as movies latest head count shows that 5,810 music contingent at this years festival will be the so-calied “Betamax case” on the are concerned the consumer can buy people are arriving from 57 different coun- British, with 265 U.K. music companies in copyright liabilities connected with the cassettes of that movie for viewing at his tries, including the U.S.S.R., East Germany, attendance. The U.S.A. follows with 207 home video taping of TV programs were convenience. He does not have to make a Poland, Hungary and Czechoslovakia. (coniinued on page 42) companies attending out of a grand total of delivered before the Supreme Court here Despite biting recessionary difficulties in Jan. 18. Both sides producers of TV many territories throughout the world, the programming on one hand and manufac- general mood is stoically optimistic with turers of videotaping hardware and blank a positive undercurrent that the worst is tapes on the other — essentially restated over for most people and the steady positions that have more or less remained decline in record sales can be halted by consistent since the original lawsuit was sound consolidation of resources and a filed in 1976 by Universal Studios and Walt flexible approach to diversifying with new Disney Prods, against Sony Corp. of and existing technologies. America and assorted ancillary firms for Symbolic Site contributing to copyright infringement by The new high-tech Palais des Festival selling videocassette recorders (VCRs) also aptly symbolizes a refreshing new note and blank cassettes. of optimism for the future, especially as this Arguing on behalf of Universal-Disney, inauguration year of the new Palais also Los Angeles attorney Stephen A. Kroft con- marks the launch of the Compact Disc (CD) tended that home taping Is a violation of before the international music industry. property rights and that although his clients Philips is leading the onslaught with one of did not Intend to hassle home tapers, they the biggest stands, while CD hardware is do want Sony and other VCR manufac- being heavily showcased by the Japanese turers to pay a license fee. He noted that — Toshiba and Sony. Aside from the Sony is being paid for its VCRs, v«'hich are tremendous opportunities for music peo- then used to copy TV programs, but is not ple to forge new international deals for their sharing these revenues with the copyright AMOR DE ORO^ Motown recording artist Jose Feliciano was recently presented gold companies, strengthen old ties, promote owners. records from Argentina and Columbia and gold and platinum from Venezuela for his globally and renew foreign acquaintances, Kroft noted that Sony in its early adver* Grammy-nominated LP, “Escenas De Amor.” Pictured at Motown’s L.A. headquarters are the festival this year is offering a com- tising, touted the fact that the Betamax (l-r): Karen Sherlock, Motown International; Feliciano; Phil Caston, international manager, prehensive spectrum of live music with machine could be used to copy TV Motown; Burl Hechtman, Feliciano’s manager; and Jay Lasker, Motown president. (continued on page 40)

First Quarter Retail 12” singles is now $4.53, down $.16 from last quarter’s $4.69. MTV Giving A Shot To Smaii Two categories included in the current Sale, Shelf Prices survey were not in last quarter’s. Product listing for $9.98 now averages $9. 13 at shelf Labeis And Unsigned Acts Holding Steady and $7. 17 at sale, while that listing at $15.98 by Michael Glynn artists who’ve never broken beyond a averages $14.79 shelf, $12.75 sale. by Jim Bessman regional following, have benefitted directly in the chart repre- LOS ANGELES •%;' At a time when new un- Gaps accompanying from MTV exposure, receiving record com- NEW YORK — Few of the 20 retail chains sent either unavailable data or variable signed and small independent label acts pany interest and, in some cases, a label included in this year’s first quarterly survey pricing. As for variable pricing, the survey have fewer outlets opened to them than contract. One of the success stories has reported any pricing changes in their shelf ever before, Warner Amex’s MTV: Music found that the chains are relying on the been Portrait/CBS recording group Saga. and sale listings. But unlike last quarter’s practice more frequently d ue to differences Television, the 24-hour stereo cable chan- “! was at a NARM (National Assn, of survey (Cash Box, Oct. 2, 1982), which ac- nel, stands as perhaps their best friend. in manufacturers’ prices and to varying Recording Merchandisers) convention two tually showed average price increases market conditions. With radio all but closed due to tight for- years ago and gave a copy of the band’s across the board, the new survey does in Variable pricing policies are described mats and major labels cutting back video to (MTV director of talent and artist fact stick fairly close to the previous one. drastically on new signings, as well as artist belovi on a chain-by-chain basis; relations) Gai! Sparrow,” said Petra Both last quarter’s average shelf and sale is development services for those already Bad Records ~ $8.98 product Schweitzer, vice president of international sale prices for midline product showed either or $5.98. signed, MTV offers invaluable national $6.99 marketing and promotion for CBM, Saga’s slight decreases, from $5.75 to $5.67 for cable exposure to virtually any clip that “fits Budget Tapes & Records — Prices vary Canada-based management company. shelf and $4.37 to $4.22 for sale. At $8.98 throughout the chain. $5.98 product ranges the format,” which is basically rock, ac- “The video (of the band’s songs ‘Careful list, average shelf priced dropped from from $4.99 to $5.49 shelf, with sale usually cording to MTV music director Buzz Where You Step’ and ‘Don’t Be Late’) $8.22 to $8.15, though average sale price three for $13. $8.98 list shelves from $7.79- Brindle. played for more than a year.” rose from $6.35 to $6.54. Product listing for is “We try to be pretty open-minded,” ex- $7.99, though RCA and A&M product Schweitzer added that Saga, which is on “ $13.98 averaged a penny lower this time at plained Brindle. ... If like $8.19-$8.29. The $8.98 sale price ranges MTV’s we (the Maze Records in Canada, began to be ap- $1 2.87 shelf, and two cents higher at $1 0.94 from $5.99-$6.99 depending on promotion. clip), we’ll put it on and let the audience proached by a number of record com- sale. decide.” $9.98 list generally shelves from $8.69- panies in the U.S. before inking with CBS’ Singles three cents average $1.78, $8.99, with sale prices one dollar lower. As a result, a number of fledgling acts, Epic/Portrait/ Associated labels (E/P/A) higher than last quarter. Average price for (continued on page 11) and even a few veteran groups or individual division. The band’s debut for Por- trait, “Worlds Apart,” has risen to #34 bullet on the Cash Box Pop chart and Schweitzer credits the LP’s performance in part to the ongoing support that MTV has given. Because MTV had been with us since the beginning, they started playing the video of our last single, ‘On The Loose,’ Immediately

after we gave it to them,” Sparrow said. “Consequently, in virtually every MTV market we went into play (as opening act for Jethro Tull, Pat Benatar and, presently, ), we received a great reception. Album sales were also quite a bit higher in those areas. And we received a number of offers from promoters to come back as headliners in smaller venues.” Similar testimonials came from other ACTION AT MIRAGE — Mirage Records has signed an agreement will be “Sweat” by the ^System, slated for release in this week. small labels whose acts have managed to to distribute all Omni Records product in the U. S. and Canada. The Pictured in Mirage’s New York offices are (l-r) Jerry Greenberg, get a shot on MTV. “I’ve got nothing but

pact covers all product by Paul Barrero, Blue Magic and Ingram, as Mirage president; Steve Bernstein, Omni president; Michael good things to say about it,” enthused well as its most recent acquisition, The System. The first releases Goldberg, Omni vice president in charge of business affairs; Jim Bruce Lorfel, president of Detroit-based under the deal will be the LP “On My Own Two Feet, ” by Barrere on Delehant, Mirage director of A&R; Greenberg; Mic Murphy and Plastic Records, whose group The Look

Jan. 21. (He is the former guitarist for Little Feat.) The other release David Frank of the System; and Delehant. (continued on page 42)

Cash Box/January 29, 1983 5