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).
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