08120 z á m JULY 8, 1972 $1.25 á F A 3 BILLBOARD PUBLICATION 1'V SEVENTY -EIGHTH YEAR z The International r,.III Music- RecordTape Newsweekly TAPE /AUDIO /VIDEO PAGE 28 HOT 100 PAGE 56 I C) TOP LP'S PAGES 58, 60 FCC's Ray To Clear NARM Spearheads Drive Payola Air At Forum LOS ANGELES -William B. Ray, chief of the complaints and To Help Flood Victims compliances division of the Federal Communications Commission, By PAUL ACKERMAN will clear the air on the topic of payola as a speaker of the fifth annual Billboard Radio Programming Forum which will be held here NEW YORK-A massive all - ing closely with the record manu- working out these plans in con- Aug. 17 -19 at the Century Plaza Hotel. Ray will be luncheon speaker industry drive to aid record and facturers, vendors of fixtures and junction with representatives of all on Aug. 18. tape retailers whose businesses accessories, even pressing plants industry segments. He indicated have been partially or totally wiped and we are drawing that final decisions would be up Seven other new up a speakers, including new commissioner Ben out by the recent floods is being plan whereby damaged stock and to branches. local distributors. rack - Hooks of the FCC, have been slated for the three -day Forum, the spearheaded by NARM executive fixtures may be replenished at jobbers. rather than a central largest educational radio programming meeting of its kind. Also director Jules Malamud, NARM cost. We are also hopeful that group. speaking will be Paul Drew, programming consultant from Wash- president Dave Press and the or- the victimized businesses will be Overall Plan ington, D.C.; Pat O'Day, general manager of KJR, Seattle; Sonny ganization's board of directors. As granted extensive dating, possibly Malamud noted that the overall Melendrez, operations manager of KTSA in San Antonio; Jack of press time, the NARM execu- a 60 -day moratorium on bills." plan would be flexible and would Thayer, general manager of WSAR in Cleveland; Don Graham, tives had already contacted the or- Malamud added that NARM is (Continued on page 62) director ganization's manufacturers' advi- of special projects for Chess /Janus Records, Los Angeles; sory committee. Committeemen and Dick Orkin, originator for the "Tooth Fairy" series and the were in full agreement as to the "Chickenman" series, Chicago Radio Syndicate, Chicago. desirability of aiding flood victims Previously committed to speak during the Forum were: Mike in the affected areas, namely Flor- RCA Sets 'Satellite' Curb, president of MGM Records and leader of the Mike Curb ida, Virginia, Maryland, Pennsyl- Congregation; Jackie DeShannon, Atlantic Records artist; Smokey vania, New York and the District Robinson, vice president of Motown Records and an artist and of Columbia. Service For 3 Areas (Continued on page 17) Malamud stated: "We are work- NEW YORK -The effort to will operate from Hartford and speed service and facilitate lines of upstate New York. supply for RCA recorded product, A Music Two satellite service cen- outlined earlier this year by Gene ter, a local sales branch and the 'Q'AddsTo P Settler, vice president and director Copyrightproblems southeast regional sales office will of marketing (Billboard, March 4), be located in Atlanta. Charlie Hall, By MILDRED HALL took a big step forward with the formerly Boston fieldman, will be announcement this week of south WASHINGTON district sales manager, while - Quadrasonic to the question of whether re-mix- they were running as high as 250 and southwest and New England Charlie Smith, ;ound has presented the Copyright ing the a is former Atlanta older stereo recording into a week, and plateau of 350 penetration by the firm. fieldman, will be local sales man- office with a brand new question four -channel sound involves crea- developing -with a fair percentage Settler's Is the office announcement confirms ager, with Mike Krause, ex -sales goes into its fifth tive authorship -or is it only a of correctable mistakes, and some an earlier report (Billboard, nonth of registry for the new mechanical operation? more serious ones on the applica- June administrative manager in New 17) regarding the extension of York, as regional sales manager. ecordings eligible for copyright: A new - recording session in quad tions that have to be sent back. RCA's branch entity, Music Two, Does a new quadrasonic mix of an rasonic sound resulting in a master Completed registry as of June Fred Love, former Miami field - )lder, non -copyrighted which began over a year ago with man, becomes Miami sales man- recording, made on or after the Feb. 15 ef- numbered 612 new recording copy - the :onstitute a valid basis for copy- fective date for copyright of re- (Continued on page 62) opening of a Cleveland outlet. ager, while Larry Gallagher, for- ight of a recording made before cordings, would clearly entitle the Settler said the northeast direct mer Dallas fieldman, becomes Feb. 15, 1972? The Copyright Of- resulting work to copyright. Other- distribution unit will be served by Memphis manager. There will be ice, as of this writing, is undecided, wise, the law calls for substantial the Rockaway, N.J. plant, with resident salesmen in Nashville, Ind is holding applications for new revision, editing or addition of new Spotlight on district manager Ron Schwitzer, Charlotte and Jacksonville. :opyright where the basis of the material to take out copyright as former Charlotte fieldman, as The satellite center in Dallas, :laim is only the new four -channel a "new work." In an earlier publi- chief. Regional sales manager headed by Warner Pagliara, for- nix. cation (Circular 56), the Copyright France Frank O'Donnell remains in New mer Famous Music marketing di- Mrs. Dorothy P. Keziah, head of Office indicated that a simple "re- York City. Boston fieldman Rich rector, will serve Tulsa, Oklahoma he Examining Division of the Mu- channel" from monaural to stereo. See Page F -1 Attinson is being made Boston City, Houston, San Antonio, Den - ic Section of the Copyright Office, of the same series of sounds would sales manager. Resident salesmen (Continued on page 17) aid they are looking for answers not be enough. Seeks Comment The Copyright Office is solicit- ing comment, and asking the sound Fla. Piracy Law Unconstitutional Budget Battle engineers to describe exactly what By JOHN SIPPEL they have done when changing a stereo (and non -copyrighted) re- MIAMI -The Florida anti -piracy statute, passed If the law were as that court stated, then record cording into the new sound. Step - in mid -1971, was declared unconstitutional and an pirates could not exist. In fact, the law is not what Flares in U.K. by -step details are the only way the injunction prohibiting the state's district attorneys the Court stated." By BRIAN MULLIGAN government agency can determine from using it was handed down by Federal District Commenting on the 10th Circuit Court of Appeals Judge Layton Staff Member, Music Week if real authorship is involved in this here June 12. Tape Head vs. RCA et al, he said: "Again, this court peculiar circumstance of an elec- Layton, ruling in the case of International Tape respectfully disagrees with the reasoning expressed LONDON -The battle is heating tronic era. Manufacturers' Assn. vs. Gerstein et al, also clashed by the Court. While conceding that Congress may or Britain's $27- million budget The sudden necessity for paper head -on with recent circuit courts of appeal rulings not have pre -empted all state laws, common or ecord market. Next week, the work and keeping careful records in other cases, relative to a unauthorized duplication statutory, regulating Itereo the dissemination of sound re- Gold Award label, distrib- is dismaying to the sound engi- of sound recordings. cordings, it does not follow that the absence of pre- ited through the Record Merchan- neers, and to almost everyone in- In his decision, speaking about the recent Ninth emption validates lisers, rack each and every such state law." company, will be re- volved in recording. But as Mrs. Circuit Court of Appeals Duchess Music decision In establishing the jurisdiction of his court in the aunched at a price -cutting $1.25- Keziah points out, the present and (Billboard, March 25), Judge Layton stated: "This matter, liming the judge stated: "This court feels that there 12 -inch albums on a par future security of a copyright de- interpretation of the compulsory license provision is may be an inherent jurisdiction covering the entire vith the retail price of singles here. pends on having the all- important based on the misconception that because an under- field of copyrights, lodged in the district courts, which, Behind this bold move, destined details of who, when, where and lying musical composition is copyrighted, the un- while not exclusive, may permit federal p provoke some courts to reassessment of how spelled out in the registration. authorized reproduction of the performance embodied hear such cases as those filed by the plaintiff in the marketing tactics by competing The numbers of applications are in the sound recording of that composition is, or instant action. This result may on page occur even where (Continued 12) mounting rapidly. By mid -April ought to be, prohibited by the federal copyright laws. (Continued on page 17) ( Advertisement ) M MM 1N1 HUMID lit 4011001 He shaped the destiny of jazz throughout the 40s, 50s and 60s and is making the Stan u37ton Today RICOrddd IM b LNnM1 STAN KENTON same legendary impact now in the 70s. The Stan Kenton Orchestra is the finest EMI NenttlR MI Ms MIMmire example of the jazz /big band sound that is so strongly influencing all music today.