The Film Musicians Secondary Markets Fund (“FMSMF”) administers this database for you to determine whether a theatrical, television or streaming media motion picture (“motion picture” or “product”) was produced subject to an American Federation of Musicians (“AFM”) Collective Bargaining Agreement (“CBA”).
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Please note that under Title 28 U.S.C. § 4001 “Assumption of Contractual Obligations Related to Transfers of Rights in Motion Pictures” (the “Assumption Statute”), Distributors and other Purchasers of rights will be responsible for AFM residuals and reporting obligations as established in the AFM’s collective bargaining agreements under which such motion picture was produced. IF A PRODUCT IS LISTED IN THIS DATABASE, THE DISTRIBUTOR OR PURCHASER WILL BE DEEMED TO HAVE CONSTRUCTIVE NOTICE THAT IT WAS PRODUCED UNDER AN AFM CBA.
Although the FMSMF seeks to post as complete a list as possible, many motion pictures may not yet be included in this database. §4001(a)(2)(B) and (C) of the Federal Assumption Statute establishes that licensees will be deemed to have constructive and timely knowledge that a motion picture was or is being produced subject to an AFM CBA where such information is made available through this website. You may also have the obligation to report and pay residuals if you are aware of facts and circumstances from which it is apparent that the AFM CBA was or will be applicable to the motion picture.
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.”
UNDER FEDERAL LAW, THIS WEBSITE MAY PROVIDE CONSTRUCTIVE NOTICE THAT CERTAIN MOTION PICTURES ARE PRODUCED SUBJECT TO AFM COLLECTIVE BARGAINING AGREEMENTS. BASED ON CONSTRUCTIVE NOTICE, DISTRIBUTORS OR BUYERS OF SUCH MOTION PICTURES MAY BE RESPONSIBLE FOR AFM RESIDUALS IN CONNECTION WITH THEIR EXPLOITATION OF SUCH MOTION PICTURES.