[Fmpro] AFM/AFTRA

[leshurdle]

 From list member Ed Baker..........

Just got off the phone with one of the recording VPs at Local 802.   
Hope the
following information helps.  He talked at length about Sound  
Exchange and
then briefly about the AFM/AFTRA agreement.  Unless I misunderstood  
he said
SE is different from the AFM/AFTRA agreement.  As I'm sure you know  
if you
go online and google "AFM/AFTA" you will find more information and a  
list of
all those who are being paid under the AFM/AFTRA agreement.  The VP  
did say
that only those musicians who recorded under a USA contract will be paid
under the AFM/AFTRA agreement.  Not an AFM contract but USA contract.

As for SE, it collects money on a yearly basis from cable music channels
here in the USA and record companies as per the "digital copyright act".
The license holder (record cos) receive 50%, the artist 45%, backup  
vocals 2
1/2%, and backup musicians 2 1/2%.  A database is put together of all  
those
who are owed money.  No checks will be released for less than $50.   
Money
will be held until the amount exceeds $50.  In the event 3 years pass  
before
the musician, artist can accumulate more than $50 the money in the  
account
goes to NY State due to a NY State law (I forget the name of the  
law).  That
money is gone forever, the musician, artist will never see that money  
and
your account is back to $0.00.

The way SE distributes money is to take Billboard's top 20 records.  If
musician's on number 20 don't have enough funds to meet the $50  
minimum (to
release a check) then they take the top 19 or the top 18 or...  The list
keeps shrinking until all those paricipating on the recordings have  
over $50
to distribute.  If you are a musician who played on big hits in the  
past and
have lots of product out there but they don't all into this formula -  
YOU
DON'T GET PAID!!  I asked the VP if any of the British musicians who  
played
on all those big hits years past would see money from this system and he
said NO!  This formula was put together by one of the AFM lawyers.   
The VP I
talked with is very unhappy with this system and would like to see it
changed.  He asked me to write a letter which he would take to the  
AFM.  His
goal is to overturn this system which benefits only a handful of current
musicians, artist.

I'm not sure if this answers all of your questions.  Keith you  
specifically
mentioned the AFM/AFTRA fund and not seeing any money yet.  When I asked
about this I was told to go to the web site and check the list of  
names to
be paid.  We were running out of time at this point and this was all  
my guy
had to say about this.  He said it was a different system than SE.

Please let me know if you are interested in helping draft a letter  
about SE
that will be brought to the AFM by this VP to try and change the way the
system now works (or more to the point - doesn't).
-- 

Ed goes on to say............

The VP made a point to mention that some musicians who recorded in  
Germany and England (I think) recorded under USA contracts and, as a  
result, will be paid (these are/were non American musicians).  This  
was in response to my question about whether UK musicians whose work  
is played on the radio in the USA will be paid.  That could be why  
you see some UK names on the list.  They must have recorded under a  
USA contract.  I thought of you Les when he mentioned recording in  
Germany.


So posters............. what rules apply?

L