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."