Why haven't some of the programs I've worked on ever paid into the Fund?
A live television/video production must generate some income or revenue as a result of exhibition in a supplemental market to trigger an obligation on the part of the producer or other rights holders of the production to contribute to the Fund on the show's behalf. If you do not see a title listed on the master list, it means that the show did not have a contribution made to the Fund on its behalf during the preceding fiscal year (April 1 to March 31). It may still generate contributions for subsequent years.
Do composers and vocalists also receive payments from the Fund?
The Fund collects and distributes residuals for musicians and music preparation personnel working on live television/video productions, provided that there was at least one original AFM scoring session for the specific live television production they worked on, or in some cases other musicians whose prior recorded product has been utilized in a live television show. The Fund does not cover composers, except to the extent they do "bargaining unit work" such as conducting, orchestrating, etc. This is also true in the case of vocalists. Composers may be covered under ASCAP, BMI or SESAC. Vocalists may be covered under SAG-AFTRA.
I worked on several phonograph recordings that were utilized in live television shows/videos but I'm not sure if I have been properly credited. How does this process work?
Initially, to receive credit for Fund payments as a result of a "new-use," (which might include the use of an "open track" or a sound recording used as a "needle drop," among other uses) there must be an AFM session contract (B4) filed with the appropriate local for the original session(s) for the sound recording in question. The B4 should list the title(s) of any songs recorded during the session, along with the names, social security numbers and wages of all the participants. A live television contract (B8) generally equivalent to the air rate and guaranteed rehearsal hours is then created by the AFM. This contract acknowledges the usage of a particular song in the television program and provides the Fund with the appropriate wage information. This B8 becomes the basis for properly crediting the participating musicians by the Fund. In the absence of the B8, the Fund must be able to acquire copies of the original B4's as they are essential for crediting the participating musicians.
Can I use my U.S. federal tax I.D. number and have my Fund checks made payable to my corporation?
No. The collective bargaining agreement and the IRS mandate that payments be treated as wages. As such, taxes must be taken out even if the original session payments were made to your corporation.
Can I have my checks deposited to my account by direct deposit?
Yes. We will arrange for direct deposit to your account. Contact the Fund at 818-755-7777 X611 for details.
Why didn't I receive a check for a program I worked on, even though the title appears on the master list?
You may have been omitted from the reporting, or the total check amount was de minimus (i.e. your total check was less than $10.00), or the contribution from the program resulted in a pro-rata share less than one cent.
Is the income from my annual distribution check considered "wages"?
Yes. Payments made from the Live Television/Video Supplemental Markets Fund to our participants represent deferred wage payments - or residual payments - for services performed as a musician in previous years for one or more employers. These payments are made on behalf of those employers. While the Fund is the withholding agent for the employer, it is not and has never been the direct employer of any of our participants.
Will I need to report the income from my check to federal and state agencies, i.e, EDD or state disability insurance?
Yes. All residual payments received from the Fund are subject to reporting as earned income and you will need to report your deferred wage payments to all appropriate agencies, including those that administer unemployment and disability insurance.
Can these payments be garnished or attached for child support, tax liens, etc?
Yes. As wages these payments are subject to garnishment for tax liens, child support payments, and other applicable obligations by authorized agencies.