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  • 23 de Janeiro, 2022
  • By dicarsio
  • Sem categoria

Aftra Sound Recording Agreement

The AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund (“Fund”) is a non-profit trust organized under the laws of New York and exempt from tax pursuant to Section 501(c)(6) of the Internal Revenue Code for artists` royalties or compensation under the U.S. Copyright Act and such agreements regarding the receipt and distribution of offsets entered into by AFM and SAG-AFTRA with the collecting societies concerned; to receive and distribute. Advocacy organizations or other appropriate entities. It collects and distributes the following types of royalties: DPRA. Pursuant to 17 U.S.C. § 114(G)(2)(B) and (C), the Fund will receive from SoundExchange (or any other collective designated by the copyright royalty judges) the portion of the digital performance costs allocated to undrafted musicians and singers who have performed on sound recordings. The calendar year for which royalties are collected is the source year of the DPRA. Any audio recording on a Sub-Fund`s distribution list is entitled to a proportionate share for that source year and the Sub-Fund. The proportional share of a phonogram shall be determined by dividing the percentage market share of that sound recording by the cumulative percentage market share for the phonograms on the distribution list: sound recording % market share / combined market share in % = proportional share of tonic recording. If an audio recording from a distribution list does not include unpresented performers, its proportionate portion of the license shall be allocated pro rata to the remaining sound recordings on that distribution list.

2018 Sound Recordings MOA”Sound Recordings Code includes sound recordings on digital, CD, vinyl, etc. and includes all music formats as well as audiobooks, distribution albums and all other sound recordings with vocal performance. The code covers not only singers, but also announcers, actors, comedians, narrators, and sound effects artists. Audio Home Recording Act of 1992 (“AHRA”) – Independent administrator of royalties for uninformed performers. (a) Pursuant to U.S. § 17.C. § 1006(b)(1), copyright stakeholders and the American Federation of Musicians (“AFM”) appointed the Fund as an independent administrator to distribute the AHRA royalties to uninhabited musicians who performed on sound recordings distributed in the United States. (b) Pursuant to article 17 of the United States.C. Pursuant to Section 1006(b)(1), copyright stakeholders and the American Federation of Television and Radio Artists (“AFTRA”) (currently and hereinafter the Screen Actors` Guild – American Federation of Television and Radio Artists (“SAG-AFTRA”)) have appointed the Fund as an independent administrator to distribute AHRA royalties to undrafted singers who have performed on sound recordings distributed in the United States.

(c) In accordance with U.S. § 17.C. § 1006(b)(1), the Fund distributes AHRA royalties to unrepresented performers, whether or not they are members of the AFM or SAG-AFTRA. A performer may submit a claim for the performance of an audio recording within three years of the first publication of the sound recording in an annual distribution list. Thereafter, any such right in respect of such annual distribution will terminate and the identification by the Fund of performers not included in the file of such annual distribution will be considered accurate and complete. When a recording is republished in a subsequent annual distribution list, a new three-year period begins during which a performer may submit a claim to perform the sound recording, but only with respect to new annual distributions (and all subsequent distributions). The objective of the fund is to identify and locate as many non-performers as possible who have appeared on each sound recording to which it distributes royalties, which is compatible with fair and efficient distribution. The Fund uses the following procedures to identify and locate performers not featured on sound recordings.

Stakeholder database not presented. The Fund shall maintain, in accordance with the following procedures, a database of sound recordings for which it has identified performers not presented. This database contains all contact details received by the Fund for Identified Practitioners. An unrepresented musician or singer (collectively, “performer or performer unimaginable”) for the purposes of the Fund`s AHRA and DPRA distributions is a musician (including music preparation staff) or singer who is not more prominently identified in print or otherwise in connection with the actual sound recording for which the Fund is making a distribution. Partial distributions of source year royalties. The Fund may, at its sole discretion, make a partial distribution for one AHRA source year and/or one DPRA source year for recordings for which it has completed (or partially completed) the identification of unrepresented performers, while continuing to investigate the identity of performers not featured on those recordings and the remaining recordings for that source year for a later distribution. No unrepresented performer is entitled to AHRA or DPRA royalties until it has been determined that he or she has appeared on an audio recording for which an AHRA or DPRA distribution has been made (or will be made shortly) in an annual distribution. In the event that an unrepresented performer has been identified as a performer on such an audio recording, but the Fund has not been able to obtain sufficient contacts or other information to process its license rights in connection with the annual distribution, or in the case where the Fund has issued a cheque to that performer in the annual distribution, however, if the cheque is returned or not cashed, the royalties awarded to that performer in such annual distribution shall be deemed to be unclaimed royalties. Unclaimed royalties will be held for a period of three (3) years from the date of the corresponding annual distribution. During this period, the Fund will continue to seek sufficient contact or other information to enable it to pay a fee, including through the publication of the List of Sound Recordings Covered and the List of Unclaimed Royalties.

At the end of the three-year period from the annual distribution, the performer`s unsubstantiated right to such royalties expires and the royalties are distributed on a pro rata basis to performers who have received a royalty in the corresponding annual distribution. The application of any state law (including common law) with respect to negligence or waiver of property, or any similar provision that might otherwise apply, is superseded by Section 114(g)(7) of the U.S. Copyright Act. AHRA. For the purposes of establishing the distribution list for each AHRA source year, the Fund considers sound recordings reported by SoundScan as sold in the United States during the AHRA source year to be sound recordings distributed in the United States. The fund is based on SoundScan`s sales ranking for equities. Information available to the public. The Fund may, in its sole discretion, rely on publicly available information (e.g.B. Liner Notes and online services such as All Music Guide, Discogs and other general, genre- and/or artist-specific websites and social media) to identify and locate performers not represented on the sound recordings. The codex applies to artists who work on a large scale and on an oversized scale and appear as both royal and non-royal artists. In addition, some artists may be licensed artists for their own recordings, but are considered artists not protected by royalties if they appear on other artists` recordings. Due to the complexity of distributions and the large number of sound recordings and performers involved, the Fund does NOT pay for each individual sound recording or published sound recording.

Rather, payments are based on a census or survey (for a detailed description of how it works, see the fund`s distribution guidelines). For private copying royalties, the Fund uses SoundScan`s sales data in the United States to determine the ranking and proportional share of each sound recording in the royalty pool, as well as data from the respective foreign collectives for these conditions. For digital performance royalties, the fund relies on performance data (such as playlists and similar material) provided by Sound Exchange to make these decisions. .