Recording Rap

KC, Sunshine Band: Whatever Happened?

Can things get any sadder than this?

The original KC and the Sunshine Band performed under the protection of AFM Phono-Record Labor Agreements. As a result, they were paid full scales, received Pension Fund credits, and participated in the revenue-sharing program so-well-known as the "Phono Special Payment Fund" (in 1997, over $12.4 million was distributed from this fund).

The story gets even better-we also have "New Use" monies that were generated as a result of use in commercials by Burger King and MacDonald's and movies like Forrest Gump and Carlito�s Way, among others. Some of these musicians are receiving close to 5 figures 20 years after the fact!

KC has a new band now. While the old members continue to get money under AFM Agreements, for the new members of the band it is a totally different story...here�s why:

Apparently a decision was made to produce the new band�s latest record without an AFM Labor Agreement. This cuts them off from the financial benefits of the SPF (which, as you know, pays whether the recording is a hit or not), as well as the advantages of new use. KC as leader loses double.

Who made this brilliant decision?

Additional musicians were used in this production. The contractor was advised that this was to be produced under an AFM Phono Agreement.

This turned out to be a lie. Both the contractor and this office experienced a series of "runaround" conversations and false assurances before accepting that fact.

This is a good example of why recording sessions should be reported to the local prior to the session. This will enable us to confirm whether or not the production company is truly producing under the applicable AFM agreement.

Lisa Fox, our new Recording Rep, can assist you in confirming signatories to AFM Agreements.

P.S. This misrepresentation to the contractor will not be ignored!