CDs at 10: Altering music industry's track // Battle brews over used
      discs // Distributors and artists resist trend
      David Zimmerman

    * 08/03/93
      USA Today

      (Copyright 1993)
        Compact discs are one of those near-perfect products. They never
     wear out.
        That - plus the fact that they're not cheap to buy new - is why
     used CD outlets are popping up in strip malls and as a
     controversial sideline in major record stores.
TD      "Customers demanded used CDs," says Bill Lavery of Village
     Records in Shawnee, Kan. "They were popping in the front door
     saying `Do you carry used CDs?' and then leaving. After six months
     of this and business going down, you don't have to be a genius to
     know what you have to do."
        Even big retailers are jumping into the used-CD business.  In
     retaliation, four major music distribution companies, worried that
     used CDs may cut into new CD sales, have withheld millions of
     dollars in co-op advertising support from retailers who sell used
     CDs, including Wherehouse Entertainment Inc., which has used CD
     sections in 260 of its 339 stores.
        Two weeks ago, Wherehouse filed a lawsuit against distribution
     giants CEMA, Sony, Uni and WEA, saying that withholding ad support
     from some stores and not others is a violation of antitrust laws.
     Wherehouse lawyers say they'll also argue the companies are trying
     to restrict used CDs to maintain high prices for new CDs.
        Independent store owners, hit hard by losing ad support, have
     reduced orders and stopped promotions and discount pricing for new
     releases from the four distributors.
        But those on the other side of the issue, including Peter McCann
     of the Songwriters Association International, say if secondhand CDs
     reduce sales of new CDs, "the public eventually is going to be
     hurt."
        McCann, who wrote the Jennifer Warnes hit The Right Time of the
     Night, says used CD sales don't compensate those "at the end of the
     food chain," which means less support for new songwriters and
     artists. Songwriters and the publisher, McCann says, split a maximum
     of about 6 cents per song per CD sold.  Most of today's songs are

     co-written. When the songwriter share is split three ways, McCann
     says, a songwriter will make $16,000 on a million-seller.
        Those who sell used CDs argue that they don't necessarily reduce
     sales of new CDs. Wherehouse CEO Scott Young says "used compact
     discs help stimulate additional sales of all CDs - both new and
     used."
        But Bob Freese of Liberty Records says secondhand sales "are
     beginning to take a bite out of our business."  So Garth Brooks'
     upcoming Liberty CD won't be distributed to stores that deal in
     used CDs.
        "The way Garth and I feel is that it takes away money from the
     songwriters and people in his band and people in the back rooms in
     the management office," Freese says.
        Erik Flannigan of the CD-specialty newsletter International CD
     Exchange says it's hard to argue against used CD sales "when there's
     a secondhand market for so many things like cars and books."

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