A band that shall remain nameless performed under the protection of AFM Phono-Record Labor Agreements. As a result, they were paid full scales, received Pension Fund credits, and participated in the revenue-sharing program so-well-known as the “Phono Special Payment Fund” (in 2023, over $11 million was distributed from this fund).
They even received “New Use” monies that were generated as a result of use in commercials by Burger King and MacDonald’s and movies like Forrest Gump and Carlito’s Way, among others. Some of these musicians received close to 5 figures 20 years after the fact!
The band has new members now. While the old members continue to get money under AFM Agreements, for the new members of the band it is a totally different story…
A decision was made to produce the new band’s record without an AFM Labor Agreement. This cuts them off from the financial benefits of the SPF (which, as you know, pays whether the recording is a hit or not), as well as the advantages of new use.
The contractor was advised that this was to be produced under an AFM Phono Agreement, but this turned out to be a lie. Both the contractor and this office experienced a series of “runaround” conversations and false assurances before accepting that fact.
This is a good example of why recording sessions should be reported to the local prior to the session. This will enable us to confirm whether or not the production company is truly producing under the applicable AFM agreement.