12 General News Scorpio Charge Texan Seeking With Piracy HOUSTON -A federal grand jury Aug. 30 returned an indictment Seized in what was said to be the Southern district of Texas' first case of alleged copyright violation in the sale of 8- Records track tapes. By IS HOROWITZ Charged was Howard W. Çole of NEW YORK -Scorpio Music Pearland, who allegedly sold copies Distributors has petitioned the U.S. of Linda Ronstadt and Waylon Jen- District Court in Philadelphia to or- nings recordings without author der the return of some 24,000 Bob ization from the copyright owners. Dylan records seized last February Assistant U.S. Attorney Dan Ka- by the FBI as infringing merchan- min says the FBI has 1,146 tapes dise. seized from a booth Cole set up in The bid comes in a reply by the March at the Astrohall to sell tapes Croydon, Pa.. cutout wholesaler to a and citizen band radios at the Hous- civil action filed in court last month ton Livestock Show and Rodeo. by Warner Bros., claiming a three - Two tapes purchased from Cole disk set marketed by Scorpio con- no recording company la- tained unauthorized recordings of displayed bels and were found by scientific Dylan tunes held in Warner's music tests administered by the FBI to be publishing catalogs. copies of original recordings, Kamin At the same time, Scorpio's court TAPE DEPOT -Sound Warehouse, Matteson, fll., displays 8- tracks, cassettes full -face to customer. Selected titles are says. document, filed Tuesday (6), in- pulled from working stock behind the display. Newly- opened, the outlet is one of the first supermart -type record and cludes a countercomplaint joining tape stores in the greater Chicago area. That's Mike Frommer who designed the store behind the counter. The charge, a misdemeanor as a Warner Bros., Warner Communi- first offense, is punishable by a cations Inc. and WEA in actions said $25,000 fine or one year in prison. to have undermined Scorpio's repu- tation and ability to obtain mer- chandise and bank credit. Kelley Sniffs Smoke, Builds Fire The Scorpio counterclaim, which cites a list of alleged violations of WB Promo Exec Works 11 Months To Chart Hit Album Judge Restrains antitrust laws, asks treble damages By ED HARRISON for a claimed "minimal loss in pro- LOS ANGELES -A strong foun- "In February and March, the first Kelley credits Atlanta secondary Heart Album AS jected sales of $3,651,885," and a dation of secondary market radio single from the album 'Shake It To promotion men Ed Nuhfer and Cur- "minimal projected loss in profit of stations, and Warner Bros. national The Right' landed on the playlists of tis Jones as the prime movers in get- Orders Multiply $438,226." secondary promotion director Dan 35 -40 stations in the Midwest and it ting the record exposed in the South. The albums seized and still im- LOS ANGELES -A new restrain- Kelley's gut belief in the Sanford eventually went top 10 in two mar- . According to Kelley, WRKQ in ing order prohibiting Mushroom pounded are titled "Bob Dylan, The and Townsend Band, helped cata- kets. Boston was the first national station Little White Wonder," volumes one, Records from releasing the contro- pult "Smoke From A Distant Fire" . "The main thing," continues Kel- in the North to give the record air- two the man- versial "Magazine" album by Heart and three. They credit into the Top 10 of the Billboard Hot ley, "was to open up new AM mar- play. "When WRKO added it to its Pro- could set a precedent by making ufacturer as A. Buhay S.R.L. 100. kets. We put out 'Smoke From A playlist it lent a lot more credibility ductions. "Magazine" the only unshipped The album was released last Octo- Distant Fire' the first week in May to the record," says Kelley. platinum album. Warner's brief states that none of ber when Kelley was a local promo- which was the time of the Arbitron "Within five to six weeks it the recordings was authorized and Mushroom has nearly one million tion man working the Pittsburgh ratings. And it's hard getting a showed signs of developing into a , were se- orders occupying ware- that no mechanical licenses market. Shortly after he was pro- record started during ARBs. hot record, starred at 82 in Billboard. advance house space until the final okay is cured. moted to his present position and "We needed a game plan. The From there it started happening on a in given to release it, the label claims. This charge is denied the relocated to Warner's Burbank easiest way to get a record started is national basis." Scorpio reply, which claims the rec- headquarters. to plug into the Gavin report and Kelley says 20 new stations per The restraining order, handed ords were purchased and offered for Kelley's first effort in breaking a aim at getting the record added to as week were adding the record, with down by a U.S. Federal District resale "after full assurances" of com- record nationally was with Michael many stations as possible at the end three to four of them being majors. Court Judge in San Francisco Aug. pliance with "all applicable copy- Franks' "Popsicle Toes" which ini- of the rating period." "I feel the key was a strong secon- 26, nullifies the Aug. 9 lifting of the right laws." The records were im- tially broke in Pittsburgh. The first station to air the record, dary market foundation, ". Kelley original restraint by Seattle U.S. ported by Scorpio from Europe." "I was hoping to carry on and says Kelley, was WXIL in Park- says. "We geared our strength from District Judge Donald Voorhees. Warner's wants the records turned make things happen on a national ersburg, W. Va. Shortly after, the secondary level where we placed is from over to it or destroyed. It says Mushroom prohibited level," says Kelley. "So I went to vice WBTR in Carrollton, Ga., added the all our energy. When the time was Scorpio had "unlawfully acquired shipping, manufacturing and pro- president and director of promotion record. Soon it spread to WERC- right we went to the major stations. moting the album following the about approximately 106,000 Russ Tyret and told him I wanted to FM in Birmingham where it became "A lot of records get lost early due copies." Aug. 26 stay obtained by Heart. The work the Sanford and Townsend a top IO record in the market. to a lack of secondary airplay. For- remains in effect until Tuesday As part of its defense, Scorpio al- stay record in addition to the ones I was Before long, stations in Alabama, tunately we had an abundance of (13) at which time a Court Of Ap- leges the Warner group knew of the already working. Georgia and Tennessee were on it. secondary stations." disputed recordings earlier but took peals tribunal will review the case no action until the purchase by and Judge Voorhees must substan- Scorpio. Scorpio asks for ajury trial. tiate his previous decision. Kajac Sponsors Iowa Music Seminar So far, only promotional copies have been shipped to reviewers and CHICAGO -Kajac Record Corp., the state's only union signatory stu- -to bring songs, demos and masters radio stations. While most major Valentino Expands Carlisle, Iowa, will sponsor a two- dio. for audition and critique, and Nat - markets are airing the album, there day record industry seminar Sept. 24 The seminar, to run eight hours corn offers to rep material to majors are still others waiting the final deci- Gotham Facilities and 25 in conjunction with Natcom, each day, will cover publishing, on a percentage basis. sion, feeling they would be in viola- NEW YORK -Thomas J. Valen- a Long Island -based studio "data booking, career development, man- Kajac literature states: "Any tion of the law. tino Inc., known for its production services" company. agement, indie labels, independent songs published by our company music and sound effects libraries, is The seminar, being held at Ka- production deals, contracts, studio during the seminar will entitle the expanding its facilities and capabili- jac's Carlisle facilities, promises to musicians, etc. writer to a $25 cash advance." ties. The company now occupies the cover virtually all phases of the mu- Participants are being encouraged Registration fee for both days is Spector Adds 10th entire eighth floor of its West 46th sic /recording industry and is being $15. Registrants numbered 42, as of Spec's In Florida St. location in Manhattan and has promoted to amateurs, semi -pros Sept. 8, with Cedar Rapids, Sioux added some new equipment. and professionals throughout Iowa. RCA Relocates City and Waterloo among towns LOS ANGELES -One of the na- tion's oldest retail chains, Spec's, op- Additions include a narration "We've got to educate an area, represented. Anderson In L.A. erated since 1948 by Mike Spector booth with a Tascam 9 -track stereo we've got a lot of people coming to its re- Sr. through Florida, adds its 10th mixing board, a Sony U -Matie us and we spend a lot of time just NEW YORK- Supporting West in in Lakeland. videocassette recorder, five Ampex educating people." explains Harold cent shift of pop a &r to the Peter Pan Label store November The 9, RCA 5,000 square foot location is the sec- 440s, three full -track Ampex mono Luick, president of Kajac. The event Coast (Billboard, July 1977), is relocating promotion Tees Fall Promo ond in that city for him.