Constructive Notice

The Film Musicians Secondary Markets Fund ("FMSMF") created this database for you to determine if a particular title was produced subject to an American Federation of Musicians (AFM) Collective Bargaining Agreement (CBA).

Click here to get information about obligated films.



Please note that under Title 28 U.S.C. § 4001 "Assumption of Contractual Obligations Related to Transfers of Rights in films" (the "Assumption Statute"), distributors and other purchasers of rights will be responsible for FMSMF payments residuals and reporting as established in the AFM's collective bargaining agreements covering films that are produced under an AFM contract.

IF A TITLE IS LISTED IN THIS DATABASE, THE DISTRIBUTOR OR BUYER WILL BE DEEMED TO HAVE CONSTRUCTIVE NOTICE THAT THE TITLE WAS PRODUCED UNDER AN AFM CBA.

Although the Fund seeks to post as complete a list of covered films as possible, many films may not yet be included in this database. You may also have the obligation to report and pay residuals if you are aware of facts and circumstances leading to the conclusion that a title is covered by an AFM CBA. Please contact the Fund for a full copy of the text of Section 406. § (a)(2)(B) of the Federal Assumption Statute establishes that licensees will be deemed to have constructive and timely knowledge that a title was or is being produced subject to an AFM CBA where the Fund makes such information available through this website. Under these circumstances, the applicable license agreements "shall be deemed to incorporate the assumption agreements applicable to the copyright ownership being transferred that are required by the applicable collective bargaining agreement, and the transferee shall be subject to the collective bargaining obligations under each such assumption agreement to make residuals payments and provide related notices, accruing after the effective date of the transfer and applicable to the exploitation of the rights transferred."