Film Musicians Sue Spyglass Entertainment For Access to Records; Allege Breach of Contract and Negligence

Film Music Magazine • February 3, 2011

The Film Musicians Secondary Markets Fund (FMSMF), representing union studio musicians, has sued film producer and distributor Spyglass Entertainment demanding access to books and records relating to the distribution of fifteen feature films.

The fund seeks access to records for the purposes of determining if proper residual payments were paid to the fund for distribution to AFM union musicians who performed on recordings of music used in the films. The films include “Abandon,” “Bruce Almighty,” “Dragonfly,” “Ghost Town,” “The Happening,” “Instinct,” “Legend of Zorro,” “The Love Guru,” “Memories of a Geisha,” “Mission to Mars,” “The Ruins,” “Seabiscuit,” “The Sixth Sense,” “Wanted,” and “Welcome Home Roscoe Jenkins”. The suit alleges that other films may be “at issue.”

The FMSMF is created by and operates under the AFM Basic Theatrical Motion Picture Agreement, the AFM Television Film Labor Agreement, and the Film Musicians Secondary Markets Fund Agreement.

Among the allegations in the suit by the fund are:

• Spyglass, in response to the requests for information, told the FMSMF that “the report would be forthcoming or that no payment and report was due or that monies, if determined to be due, would be paid, or that other parties had assumed the obligation, or that they had no obligation to do so because they had not signed the Collective Bargaining Agreement”
• Spyglass “continues to refuse reasonable access to the relevant books and records.”
• Spyglass has engaged in breach of contract, resulting in the fund “continuing to suffer damages”
• Spyglass’s conduct is the result of negligence

In the lawsuit, the FMSMF seeks to compel Spyglass to pay compensatory damages, allow access to the books and records, pay the FMSMF’s attorney fees, and seeks requests that the Court prohibit Spyglass from “destroying any books and records” related to the claims.

To download a copy of the lawsuit complaint, visit:

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