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AFM Limited Sound Recording Guide

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AFM Limited Sound Recording Guide

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Pedro Fernández

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American Federation of Musicians

of the United States and Canada

AFL-CIO/CLC Affiliated

TINO GAGLIARDI
OFFICE OF THE PRESIDENT
1501 Broadway, Ninth Floor
New York, NY 10036

SIGNATORY PACKET FOR

LIMITED PRESSING AND
OTHER LIMITED VOLUME
SOUND RECORDING
AGREEMENTS
Sessions called to produce individual audio tracks, as distinct from film scoring or
radio broadcast, must utilize a Sound Recording agreement. This packet discusses
options for lower threshold releases that would not require the full terms of the
AFM’s Sound Recording Labor Agreement.

Overview
The Sound Recording Labor Agreement (SRLA) contains provisions whereby an Employer who has sold more
than 10,000 units of a record must make payments to the Sound Recording Special Payments Fund (SRSPF).
Projects that do not reach this threshold, however, are not necessarily required to utilize the SRLA at the time of
recording and may file the project under a Local Limited Pressing Agreement (LPA), with discounted wage
rates. If the project does go on to sell 10,000 units, the LPA contains provisions that require an upgrade.

If the Employer is contracting Musicians to perform home studio work, to overdub their tracks onto an existing
project, they may utilize the Single Song Overdub Scale (SSOS) Agreement to negotiate a per-song rate, since
paying home studio work by the hour may be cumbersome.

Other agreements exist to handle audio recording sessions that do not reach the thresholds required by the
SRLA. If a session is to create content for demonstration purposes, such as to find potential financial backers,
an Audio Demonstration Recording (“Demo”) Agreement might suffice. In addition, self-contained groups
not hiring outside Musicians at all can file their work on a Joint Venture Agreement (JVA) with their Local.

Version 2 (2023-09-29)
Project Checklist
As an Employer looking to record music for demonstration or non-SRLA consumer distribution, the following
list is meant to guide you through the process of getting the recording under contract, filing the work and paying
the Musicians. You must work with the AFM Local in whose jurisdiction the recording takes place for all
of the work done under the agreements discussed in this packet. Note that if you use a music contractor,
they can take care of many of these steps for you:

 Attain Signatory Status: In order for recording work to be covered, you must have signed an AFM or
Local recording agreement in advance of not only the session, but also in advance of hiring the
Musicians. The agreements covered in this toolkit are signed on a Single Project basis, so the first step in
starting a project through this toolkit must always be signing the appropriate contract. Contact your
AFM Local for more information. To find the appropriate Local, visit the AFM website and click
“About” and then “Locals”, where you can search by location.
 Report the Session to the AFM Local: Once a project is under contract, sessions should be reported to
the appropriate AFM Local in advance.
 Put out the Call to the Musicians: Once you are signatory and the session is reported, you may call the
Musicians you intend to hire. Musicians will need to know the location, time and length of the session,
the scale they will be working under, and the artist with whom they will be performing.
 Collect Paperwork: In order to payroll the session, collect W-4s, I-9s and any other documents
required for payroll, as well as any information that might be necessary to complete the B-Report Form.
Familiarize yourself with the Report Form in advance so you know what types of information are
required.
 During the recording session, the Leader (the instrumental musician who leads the group in
performing) should keep track of the hours worked and the instrumental parts performed by each
Musician.
 Fill Out the B-Report Form: Since this toolkit covers a variety of different agreements, it should be
noted that each agreement utilizes a different report form. Limited Pressings are filed on B-9 Report
Forms, Demos are filed on B-5 Report Forms and Single Song Overdubs are filed on B-17 Report
Forms. Once session work is complete, fill out the appropriate form matching the correct agreement to
report working hours, track titles, wages and benefits.
 File a Copy of the Report Form with the Local: A copy of the Report Form should be filed with the
Local of jurisdiction as soon as possible. This way, the Local is aware that payment is due and can assist
in catching any errors before it’s too late.
 Submit the Report Form to Payroll: The session report is sufficient as an invoice for payment. Once
complete, the report form should be sent to payroll so checks can be issued in a timely manner.
Musicians must be paid within 15 business days of the completion of the Report Form. Copies must be
sent to the applicable Local as well as the AFM and Employers’ Pension Fund. You should also retain a
copy for your own records.
 Handle Back-End Payments as Required: In terms of residuals, additional money is not paid directly
to the Musicians on a given track, but record labels must pay a small percentage of unit sales and
streaming revenue to a number of funds. This is covered in detail later in the packet.

2
Contract Options
Limited Pressing Agreement
Album projects that do not press enough copies to sell 10,000 units are eligible to utilize the Limited Pressing
Agreement (LPA) instead of the full terms and conditions of the Sound Recording Labor Agreement (SRLA).
The scale wages under the LPA are established by the Local in whose jurisdiction the recording takes place,
subject to a nationally established minimum. This allows for recording projects with a smaller reach to better fit
within the overall economics of a given geographical area. Outside of instrumentalist wages, discounts are also
available on page rates for music preparation personnel under this agreement. Pension contributions are
required at the same percentage rate as the full SRLA and interactive digital streaming still requires a small
percentage of receipts (0.55%) be paid unallocated to the AFM and Employers’ Pension Fund on a semi-annual
basis.

In the event that the Limited Pressing goes on to cross the 10,000-unit threshold or in the event that content
recorded under the LPA is licensed for another purpose to a third party, the Agreement contains provisions
requiring payments be upgraded to full SRLA, with credit for payments already made.

Single Song Overdub Scale Agreement

Sometimes, an Employer may contract a Musician to record work from their home studio, rather than calling
them into a studio session. Let’s say an artist wants to add a harmonica part to four songs on their upcoming
album. Under the Limited Pressing Agreement, the artist could call that harmonica player into the studio for a
standard recording session, with wages paid by the hour. But, in the real world, not all recording takes place this
way.

In this example, the Single Song Overdub Scale (SSOS) Agreement allows the artist/Employer and the
Musician to work out a per-song negotiated rate, subject to an established minimum, at which point the
harmonica player can record those parts from their home studio and submit them to the artist. This agreement is
meant to capture an aspect of the recording industry that does not fit well in the standard hourly payment
structure. A copy of this agreement can be found at the end of this packet.

Audio Demonstration Recording Agreement

Not all sound recordings are meant for commercial release, but they still may require Musicians to be hired. The
Audio Demonstration (“Demo”) Recording Agreement allows for an Employer to hire Musicians to record
content meant to demonstrate music for potential financial backing or to obtain work. Like the LPA, the Demo
Agreement’s scale wages are established by the Local in whose jurisdiction the recording takes place, subject to
a nationally established minimum. However, if content recorded under this Agreement is later commercially
released or is utilized in another medium, there is no credit for payments already made under this Agreement.

Joint Venture Agreement

On the other hand, not all sound recordings that are meant for commercial release require Musicians to be hired.
Some projects are completely self-contained by the group doing the recording, provided that this group owns
and controls the recorded product. In this instance, it does not make sense to establish a signatory relationship to
cover the project; there would be no logic in requiring the band members to pay themselves when the Musicians
are all royalty artists. The Joint Venture Agreement (JVA) allows for these types of situations to be covered
under an AFM contract, confirming the Musicians who appeared on a project as well as their royalty
percentage, in case something occurs with the content down the line. A copy of this agreement can be found at
the end of this packet.

3
Other Notes
Provisions Vary
Because the scale wages, premiums, cartage fees, etc. under these agreements are flexible depending on where
the work takes place, it would be too cumbersome to discuss them in this packet. Under all of these agreements,
the Local can assist you with the proper calculations and filing of paperwork.

Single Song Overdub Scale

Under the SSOS, the rate that is negotiated per-song is intended to be all-inclusive. This means that the nominal
payment is inclusive of the scale wage, pension and health contribution, as discussed below. The agreement
contains worksheets intended to assist in dividing the payment properly.

“Addendum B” Limited Pressings

However, recordings done under the LPA’s Addendum B, intended for non-Tony eligible and non-Broadway
theatrical cast albums, do have some structural provisions established on a national level. These sessions have a
three- (3) hour minimum call during which not more than 15 minutes of final product can be recorded.
Orchestrations are paid at 50% of SRLA scale, but Copying is paid at 100% of SRLA scale (these tasks are
discussed under Music Preparation below).

Image Fees and Electronic Press Kits

When a studio session is captured on camera, the Employer must pay an additional 25% of the scale wages as
an Image Fee, plus pension and a $28 Health and Welfare contribution.

Captured video footage may be utilized to make an Electronic Press Kit (EPK), however, use of a complete
song or in excess of two (2) minutes from a song in the EPK is not permitted. In the event that such usage takes
place, payment to the Musicians on camera must be made according to the “Traditional Music Videos” exhibit
of the SRLA.

Pension
For all scale wage payments made under these agreements for work in the United States, the Employer shall
contribute an amount equal to 14.09% of those scale wages to the American Federation of Musicians and
Employer’s Pension Fund. This amount is inclusive of all updates to the Fund’s Rehabilitation Plan. For work
in Canada, not subject to the Rehabilitation Plan, the pension percentage is 11.75% paid to the Musicians’
Pension Fund of Canada. All three of the agreements discussed in this packet which contain wage obligations
(LPA, SSOS and Demo) require this pension percentage, which is identical to that which is found in SRLA.
Under the SSOS, benefits are built into the negotiated wage package.

Health and Welfare

With the exception of the aforementioned Image Fee payment, Health and Welfare contribution requirements
are within the Local’s purview under the LPA and Demo Agreement. For Musicians who are in the jurisdiction
of either Local 802 New York or Local 47 Los Angeles, health contributions should be made payable to their
respective health funds. If they are not a member of either Local, health contributions should be paid to the
Musician as an additional, non-pensionable wage.

Under the SSOS, since benefits are built into the negotiated wage package, the Health and Welfare rate is
established to be 6% of the “scale wage.”

4
Music Preparation
There are four services covered under the classification of Music Preparation: arranging, orchestrating, copying
and librarian work. The work of composers is not covered under AFM agreements.

Arranging is the art of preparing and adapting an already written composition for presentation in other than its
original form. It includes reharmonization, paraphrasing and/or development of a composition so that it fully
represents the melodic, harmonic and rhythmic structure and requires no changes or additions.

Orchestrating is the labor of scoring the various voices and/or instruments of an arrangement without changing
or adding to the melodies, counter-melodies, harmonies and rhythms.

Copying is the labor of writing out each instrument part on sheet music for the conductor’s score and for each
individual musician such that Musicians can perform their own part.

Librarians may also be employed in order to keep sheet music organized.

Music Preparation services are generally paid by the page of output rather than by time spent working. The
standard score page is considered to have 10 lines with 4 bars each. Additional payment is required if pages
contain more lines than 10. These rates can be found in the associated music preparation chart.

Arrangers may negotiate their own rates, as the skill is highly specialized, but in no case shall such a rate be less
than the calculated scale rate for orchestration.

Generally, under limited volume agreements, a 50% discount on orchestration page rates from the base rates in
the SRLA is provided within the agreement.

5
AMERICAN FEDERATION OF MUSICIANS
LIMITED PRESSING RECORDING REPORT FORM

Date: RPNo.

LIMITED PRESSINGS - Not to exceed 10,000 (2,000 in Canada). In the event that pressings exceed 10,000 (2,000 in Canada),
there will be an upgrade payment to the musicians who participated on the original recording based upon the current national
rates at the time of the upgrade, with credit applied for the original payments.

Recording Date: No. of Musicians: MEMO

Recording Studio/Location:
City: State:
AFM Local:
Hours of Employment: Non-Symphonic Symphonic Chamber
Producer/Employer:
Session No.:
Producer/Employer’s Address:
Name of Artist/Group:
Local Number:

NO. of MIN. TITLE of TUNES / PIECES NO. of MIN. TITLE of TUNES / PIECES

A. G.
B. H.
C. I.
D. J.
E. K.
F.
L.

PAYMENTS NOT MADE ON A TIMELY BASIS ARE SUBJECT TO LATE PAYMENT PROVISIONS OF THE AFM PHONOGRAPH AGREEMENT
The Producer/Employer understands and agrees that the terms and conditions of the engagement covered by this Report Form include the terms and
conditions of the current AFM Limited Pressing Agreement in whose jurisdiction such recording takes place.

Producer/Employer’s Signature Leader’s Signature

Pension Contributions To Be Paid By (if different): Address:

LOCAL
UNION EMPLOYEE’S NAME HOME ADDRESS SOCIAL NO. ID WAGES H&W
NO. of of (1) PENSION WHERE
(As on Social Security Card) (Give Street, City & State) SECURITY APPLICABLE
------------ DBLS TUNES
CARD LAST FIRST INIT. NUMBER ---------------
NO. (Instrument(s)) CARTAGE
(LDR)

--------- ------------

TOTAL PENSION CONTRIBUTIONS:

(1) Insert overscale wages being paid.
Include all music prep. information on this form or a continuation sheet, with copies of invoices attached.
TOTAL H&W CONTRIBUTIONS:
FOR FUND USE ONLY:

FORM B-9/Rev. 7-96

LIMITED PRESSING RECORDING REPORT FORM
Continuation Sheet
RP No.

LOCAL
UNION WAGES H&W
EMPLOYEE’S NAME HOME ADDRESS SOCIAL NO. ID
NO. of of (1) PENSION WHERE
(As on Social Security Card) (Give Street, City & State) SECURITY APPLICABLE
------------ DBLS TUNES
CARD LAST FIRST INIT. NUMBER ---------------
NO. (Instrument(s)) CARTAGE
(LDR)

--------- -----------
-

--------- -----------
-
TOTAL PENSION
(1) Insert overscale wages being paid. CONTRIBUTIONS:
Include all music prep. information on this form or a continuation sheet, with copies of invoices attached.
TOTAL H&W CONTRIBUTIONS:
FOR FUND USE ONLY:
FORM B-9/Rev. 7-96
AMERICAN FEDERATION OF MUSICIANS REPORT FORM
FOR DEMONSTRATION RECORDING - AUDIO ONLY
RPNo.

This Agreement is made and entered into by and between hereinafter called
the “Producer,” and Local Union No. of the American Federation of Musicians of the United States and Canada,
hereinafter called the “Local Union.”

This engagement is for the purpose of making a DEMONSTRATION RECORD only: Any recording made shall be used only
for the purpose of private performances for prospective buyers of the master recording or prospective employers of the
musicians’ services. It shall not be sold nor shall it be used for any other purpose except pursuant to agreement with the
Federation. Said recording shall be labeled “DEMONSTRATION RECORD - NOT FOR SALE OR COMMERCIAL USE.”
Only the selections listed on this contract may be recorded.

For the services rendered by the musicians covered by this Agreement in the making of demonstration recordings, the Producer
agrees to hire and to compensate the musicians in accordance with the terms and conditions as provided below and as further
specified on the reverse side of this form as well as provided in Addendum “A” which is attached and made a part hereof.
Recording Date: No. of Musicians: Name of Artist/Group:
Hours of Employment: Leader: Local No.:
Rec. Studio/Location: Leader’s Signature:
City: State: AFM Local:
Producer/Employer: Address:
Producer/Employer’s Address:

Authorized Signature:
Authorized Signature:
Print Name of Signer: Print Name of Signer:

NO. of MIN. TITLE of TUNES / PIECES NO. of MIN. TITLE of TUNES / PIECES

A. G.
B. H.
C. I.
D. J.
E. K.
F. L.

LOCAL WAGES
UNION (1) H&W
EMPLOYEE’S NAME HOME ADDRESS SOCIAL NO. ID
NO. of of PENSION WHERE
(As on Social Security Card) (Give Street, City & State) SECURITY APPLICABLE
---------- DBLS TUNES
CARD LAST FIRST INIT. NUMBER ---------------
NO. (Instrument(s)) CARTAGE
(LDR)

------- ------------

(ARR)

------- ------------

(ORC)

------- ------------

(COPY)

------- ------------

TOTAL PENSION CONTRIBUTIONS:

(1) Insert overscale wages being paid.
Include all music prep. info on this form or continuation sheet, with copies of invoices attached.
TOTAL H&W CONTRIBUTIONS:
FOR FUND USE ONLY:
FORM B-5/Rev. 9-96
Audio Demo Recording

1. The Employer/Company recognizes the Local Union as the sole and exclusive collective
bargaining agent for all instrumental musicians, conductors, copyists, orchestrators and
arrangers of instrumental music, synthesizer programmers, and those who perform similar or
related services connected with the recording of Demonstration Recoraings within the
jurisdiction of the Local Union.
2. The Employer/Company shall not require, request, induce or in any manner attempt to
influence any person cov�red by this Agreement to render �ervices pertaining to the pr?duction
of Demonstration Recordings except under the terms of this Agreement. The Local Umon shall
make every effort and exercise full authority to see that its members engaged in recording
activities do nothing in derogation of the terms and intent of this Agreement.
3A. The Employer/Company shall give advance notice to the Local Union of all Sessions called
under this Agreement.
3B. A completed B-5 Report Form (see reverse side) shall be filed by the Employer/Company or
its designee with the Local Union and shall accompany each payment required under this
Agreement for each recording session.
4. Representatives of the Local Union and/or the Federation shall have access to the place of
recording for the purpose of conferring with the musicians.
5. An Employer/Company may sell, assign, lease, license or otherwise transfer title to a
recording produced under the terms of this Agreement to any other person, firm or corporation,
provided that in advance of any such sale, assignment, lease, license or transfer: ( 1) the
Employer/Company obtains from the other party (buyer, assignee, lessee, licensee or transferee)
a Buyer's Assumption Agreement made expressly for the benefit of the American Federation of
Musicians as representative of the musicians involved, requiring such buyer, assignee, lessee,
licensee or transferee to comply with all the provisions of this Agreement; and (2) the American
Federation of Musicians approves in writing the financial responsibility of the buyer, assignee,
lessee, licensee or transferee. The Federat10n shall be deemed to have granted the request to
approve the Buyer's Assumption Agreement unless the Federation provides written notice to the
contrary within ninety (90) days from the receipt of the request to approve the Buyer's
Assumption Agreement.
Once the Buyer's Assumption Agreement goes into effect pursuant to the prior provision,
the Employer/ Company shall not be hable for any further payments for that particular recording.
6A. Should any recording roduced under the auspices of this Agreement ever, without
limitation to the duration of this Agreement, be included in any Sound Recording/ Digital
Download, the Employer/Company shall immediately inform the Local Union of that fact and
further agrees to enter into and fulfill all conditions required by the then current Sound
Recording Labor Agreement of the Federation, together with the Sound Recording Trust
Agreement and Sound Recording Manufacturers' Special Payments Fund Agreement appropriate
thereto. Payment of the then prevailing wages, benefits, and payments specified in those
agreements shall be made to all Musicians who performed services in the original production of
the Demonstration Recording(s), including all provisions for total minutes of music, minimum
calls, doubling, etc.
6B. In the event that the recording made under this agreement is ever used for any purpose not
explicitly set forth herein, including but not limited to conventions, sound recordings/ digital
downloads, commercial announcements, motion pictures, television films, videotape/live
television, DVD("New Use"), the Employer/Company shall sign upon presentation and shall fulfill
all conditions required by the applicable agreement of the American Federation of Musicians
pertaining to such use, including but not limited to payment of all applicable wages and benefits.
Said New Use of any specific song or portion thereof recorded under this agreement shall require
the payment of all a:pplicable American Federation of Musicians wages and benefits to all original
participating musicians, including those performing services on overdub sessions associated
with the specific song or portion thereof.
7. In the event that a demo session is also recorded on video, whether for archival use only or
as part of an Electronic Press Kit, an additional 25% of pensionable wages will be paid to all
musicians, including arrangers, orchestrators and copyists. All payments will be subject to
applicable AFM pens10n contributions on scale wages. The use if such video is limited to no more
than two minutes and no complete songs can be used or offered for sale without additional

Rev - 08202020 Page 1 of 2

Audio Demonstration Recording
Audio Demo Recording

payment required by the applicable AFM Agreement; e.g., the SRLA traditional music video
payment requirements.
8. Pursuant to the provisions of federal law, in those states where permitted, the
Employer/Company agrees to deduct the applicable work dues, based on scale wages, from the
wages of each musician rendering services pursuant to this Agreement and to remit such work
dues to the Union within 15 days after such deductions are made.
9. Employer/Company agrees to be bound by the Trust Indenture dated 10/2/59, as amended,
providing for contributions to the AFM and Employers Pension Fund, and further agrees to
contribute to such Fund on behalf of the musicians engaged by the Employer/Company, an
amount equal to 14.09% of the Scale Wages earned by said musicians (percentage may be subject
to future Sound Recording Labor Agreement negotiations and/or AFM International Executive
Board action). This contribution rate shall be deemed to include the contributions required under
the rehabilitation plan adopted by the Board of Trustees of the Fund on April 15, 2010, and
updated August 1, 2018.

10. It shall be a condition of employment that all employees of the Producer covered by this Agreement
who are members of the Federation in good standing on the execution date of this Union Securicy agreement
shall remain members in good standing and those who are not members on the execution date of this Union
Security agreement shall, on the thirtieth day following said execution date, become and remain members
in good standing of the Federation. It shall also be a condition of employment that all employees covered
by this Agreement and hired on or after said execution date shall, on the thirtieth day following the
beginning of such employment, become and remain members in good standing of the Federation. To the
extent permitted by applicable law, only the services of members m good standing of the Federation shall
be used for the performance of any bargaining unit work in Canada.
11. Any musicians on this engagement are free to cease service hereunder by reason of any
strike, ban, unfair list order or requirement of the Federation or of any Federation local approved
or sanctioned by the Federation, and shall be free to accept and engage in other employment of
the same or similar character or otherwise, without any restraint, hmdrance, penalty, obligation
or liability whatever, any other provisions of this contract to the contrary notwithstanding.

12. The Employer/Company represents that there does not exist against it, in favor of any
member of the Federation, any claim of any kind arising out of musical services rendered for any
such employer. No employee will be required to perform any provisions of this contract or to
render any services for said employer as long as any such claim is unsatisfied or unpaid, in
whole or in part.
13. The Employer/Company, in signing this contract himself, or having same signed by a
representative, acknowledges his. (her or their) authority to do so and hereby assumes liability
for the amount stated herein, and, if applicable to the services to be rendered hereunder,
acknowledges his liability to provide workmen's compensation insurance and to pay social
security and unemployment insurance taxes.

14. It is expressly understood and agreed by all the parties hereto that neither the Federation
nor any subordinate body thereof is liable for any breach of this agreement by the employer or
by any of the employees.

Distribution of the 6 copies of the Report Form is as follows:

1. Original (first) page is to be sent to AFM-EP Fund, 14 Penn Plaza, 12th FL., New York,
NY 10122, with Pension contribution check made payable to the AFM-EP Fund.
2. One copy is to be retained by the Employer/Producer.

3. The remaining 4 copies are to be sent to the applicable AFM Local with the musicians'
checks. The AFM Local will (a) Retain one copy, (b) Send one copy to the AFM,
1501 Broadway, Ninth Floor, New York, NY 10036, (c) Send one copy to the leader and
(d) Send one copy to the Health & Welfare Fund (where applicable).

Rev- 08202020 Page 2 of 2

Audio Demonstration Recording
AFM SINGLE SONG OVERDUB SCALE AGREEMENT

1. This Agreement is made and entered into by and between _______________________________ (“Employer”)
and Local #_____ of the American Federation of Musicians of the United States and Canada (“Local Union”) for the
purpose of establishing rates and conditions for the performance of one or more overdub sessions on one or more
previously recorded audio tracks (“Original Track”), hereinafter called a “Single Song.” These combined recorded
performances may be released commercially, or can be combined with tracks recorded under the AFM Limited
Pressing Agreement, but if any Original Track was recorded or produced under any other AFM Agreement, the
applicable scale under that Agreement applies and this Agreement cannot be used.

2. To the extent permitted by applicable law, musician(s) shall be a current member in good standing of the AFM.
All other musicians covered by this agreement shall become and remain members in good standing of the Federation
on or after the 30th day following the commencement of their employment or the effective date of this agreement,
whichever is later. Employer recognizes the AFM as the sole and exclusive collective bargaining agent for all
instrumental musicians, orchestrators, arrangers, copyists, synthesizer programmers, and those who perform similar or
related services connected with the recording of Single Songs within the jurisdiction of the Local Union.

3. The parties agree that the sole purpose of this Agreement is to establish rates and conditions for musicians
employed in the production of a sound recording marketed via record, CD, digital download, or similar devices. The
compensation for recording each Single Song under this Agreement, including scale wages, health and welfare
(“H&W”), and pension contribution to the American Federation of Musicians and Employers’ Pension Fund (“AFM-
EPF”) are set forth in Exhibit A of this Agreement. All payments will be made to the musician within 7 days
following the completion of each overdub session. The minimum rate is $100 per song. If video content is required,
the musician(s) shall be compensated a minimum of an additional 25% of the per song rate.

4. If a Musician is a member of a local union that does not have a health benefits plan, the H&W contribution set
forth in Paragraph 3 will be treated as an additional non-pensionable wage payment. If Musician is a member of an
AFM local with a health benefits plan, they will forward the H&W contribution on behalf of the Employer to that
local for transmittal to that plan.

5. (a) The Employer agrees to be bound by the Agreement and Declaration of Trust Establishing the American
Federation of Musicians and Employers' Pension Fund (as it may be amended from time to time) which is
incorporated by reference into this Agreement, and warrants that, by making contributions on behalf of an individual,
it has determined that the individual is an employee covered by the Agreement. The contribution rate shall be deemed
to include the contributions required under the rehabilitation plan adopted by the Board of Trustees of the Fund on
April 15, 2010 and updated on August 1, 2018.

(b) Employer designates ___Musician(s) ___Employer ___Payroll Company to make the pension contribution on
Employer’s behalf, and the designated entity will file the AFM Single Song/Single Player Overdub Report Form with
the Local Union along with the wages, pension contribution and H&W contribution (if applicable) no later than 15
days following the completion of the overdub session. The Employer’s designation of another person or entity to
make contributions on its behalf does not relieve the Employer of its obligation to make contributions under this
Agreement.

6. If any recording produced under this Agreement ever, without limitation to the duration of this Agreement,
reaches aggregate sales and/or production in excess of ten thousand (10,000) units in the United States or three
thousand (3,000) units in Canada through one or more pressings of physical product and/or digital downloads,
Employer shall, within 30 days: (i) inform all musicians and the Local Union ; (ii) enter into and fulfill all conditions
required by the then-current AFM Sound Recording Labor Agreement (“SRLA”), the Sound Recording Trust
Agreement for the AFM Employers Pension Fund, and the Sound Recording Special Payments Fund Agreement, and
(iii) Musician(s) will be additionally compensated as follows, based upon the rates and conditions from the AFM’s
current Sound Recording Labor Agreement at the time of the upgrade: for one or two songs totaling less than 7.5
minutes, one Special Session SRLA payment, with applicable AFM H&W and Pension Fund contributions. For more
than two songs, or an entire album that has reached the unit threshold, the upgrade payment will be one Regular
Session SRLA payment, with applicable AFM H&W and Pension Fund contributions for each 15 minutes of music.
The musician who is listed first on a contract with multiple players and/or whose Agreement with Employer is
executed at the earliest date will be designated Session Leader and paid double scale for the additional payments
described in this Agreement. All other players will receive single scale. If any of the original (pre-overdub)
instrumental tracks are used in the final version of any recording, all those musicians shall be added to the contract at
the time of an upgrade to the SRLA.

Notwithstanding any other provision of this Agreement, it is understood and agreed that this Agreement cannot be
used to capture symphonic, opera, chamber, ballet, or live theatrical engagements, or in lieu of the AFM SRLA
Limited Pressing Sound Recording Conditions Schedule B (for non-Broadway/non-“Tony eligible” cast albums), nor
shall it be interpreted to supplant or supersede any otherwise applicable AFM Agreement.

7. In the event the Company intends to make its recording available for Interactive Streaming, such as Spotify, the
obligation shall be 0.55% of Receipts for Audio Streams exploited in the United States which shall be forwarded on a
semi-annual basis to the AFM and Employers’ Pension Fund, through the applicable Local Union, as an unallocated
contribution unattached to benefits payable to any particular participant.

Non-Interactive streaming such as Sirius XM, Pandora, etc., is permitted. With respect to the recording covered by
this Agreement, the Producer may not enter into a licensing arrangement with a third party (“Third Party Licensee”)
which allows that Third Party Licensee to exploit the recording by entering into direct licenses with music services
(“Music Service Licensees”) for digital transmissions otherwise eligible for the statutory license pursuant to 17 U.S.C.
Sec. 114, unless the license between the Third Party Licensee and the Music Service Licensee (“Direct Digital
Streaming License”) provides that 50% of the total royalties and other compensation payable by the Music Service
Licensee in respect of the transmissions shall be paid to SoundExchange and passed on to the artists on the recording
(including the Musicians as featured artists) pursuant to the provisions of 17 U.S.C. Sections 114(g)(B), (C) and (D).

8. If Employer shall sell, assign, lease, license or otherwise transfer title to a recording produced under the terms of
this Agreement to any other person, firm or corporation, it shall obtain from the AFM a “Buyer’s Assumption
Agreement” (“BAA”), contained in Article 24.(e) of the SRLA, which requires compliance with the provisions of
paragraphs 6, 8 and 9 of this Agreement. Employer agrees to deliver to the Local Union an executed copy of the BAA
within (30) days after the sale or other transfer of this recording with the name and address of the buyer or transferee.
Upon approval in writing by the AFM of the financial responsibility of the buyer, assignee, lessee, licensee or
transferee, Employer shall not be further liable for that particular recording, except for pressings made by Employer.

9. Without limitation by the duration of this Agreement, Employer shall keep and maintain accurate records and
accounts concerning all transactions with respect to recordings made under this Agreement, and upon request in
writing from the Local Union, at least five (5) days before the date of examination, allow the designated agent(s) of
the Local Union to examine, during reasonable business hours, all records and accounts concerning all transactions
with respect to recordings made under this Agreement.

10. In the event that the recording made under this Agreement is ever used for any purpose beyond the original
purpose of this Agreement, including but not limited to commercial announcements, motion pictures, television film
or videotape/live television (“New Use”), Employer shall notify the Local Union, sign the applicable AFM agreement,
and fulfill all conditions required for such New Use. New Use of any Single Song or portion thereof recorded under
this Agreement shall require the payment of all applicable wages, residuals, royalties and benefits, to all musicians
who participated in recording the Original Track and all Overdubs as to which this Agreement applies. The Single
Song will be treated as original music recorded under any such new agreement.

11. Musician and Employer agree that this Agreement shall be in full force and effect for six months from the date of
execution, at which time all work and compensation will have been completed to the satisfaction of all parties. If
Employer desires to engage musician(s) for additional Single Songs (up to 12 total in a six month period) on the same
project during this term, Musician and Employer will provide additional documentation that includes a list of songs
and compensation similar to the one set forth in Exhibit A of this Agreement, as required by Paragraph 3 above, and
send it to the Local Union.
AFM SINGLE SONG OVERDUB SCALE AGREEMENT
LETTER OF ACCEPTANCE

This Agreement, between the American Federation of Musicians, Local ____ (“Local Union”) and
_____________________________________________ (“Employer”) relates to the Sound Recording project identified as
_____________________________________________ (“Project”) with recording dates commencing as of
_____/_____/______.

The Employer, with respect to the recording sessions for this project, and only this project, shall abide by and be obligated
to all the terms and working conditions of the AFM Single Song Overdub Scale Agreement. In accordance with the Single
Song Overdub Scale Agreement, the Employer designates ___Musician(s) ___Employer ___ Payroll Company to make
pension contributions on the Employer’s behalf.
The Parties each represent and warrant that the individual singing of this Agreement on their respective behalves are
authorized to do so and that the Agreement, upon such execution, will be a valid and binding obligation of each Party and
enforceable against it.
DATE OF EXECUTION: ______/______/______
EMPLOYER (PRINT NAME): _______________________________________________________________________
EMAIL: __________________________________________________________________________________________
ADDRESS: _______________________________________________________________________________________
ARTIST NAME: ___________________________________________________________________________________
PROJECT TITLE: __________________________________________________________________________________
MUSICIAN(S) (PRINT NAMES): _____________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
EMPLOYER SIGNATURE: ______________________________________________
DATE: ______/______/______
MUSICIAN SIGNATURE: ______________________________________________
DATE: ______/______/______
APPROVED BY AFM LOCAL #: _______________________
SIGNATURE OF LOCAL OFFICER: ______________________________________________
DATE: ______/______/______
AMERICAN FEDERATION OF MUSICIANS
SINGLESONG/SINGLE PLAYER OVERDUB REPORT
(NON-SYMPHONIC)
FORM B-17 / Rev. July 23, 2020

Date: RPNo.

SINGLE SONG/SINGLE PLAYER OVERDUB - This Agreement is intended for one “project”
and one artist only, with a maximum of 12 songs in a six month period. All musicians must have
an executed Single Song Agreement with this Employer on file for this scale to be used. Multiple
players can appear on one contract only if they all appear on all songs, and are all compensated at
the same “per song” rate. In the event that the total of digital and analog copies sold or
manufactured exceeds 10,000 copies (3,000 in Canada) for a single song or the entire project, all
musicians will receive an additional payment per song as described in the Single Song Single
Player Agreement.

Recording Date(s) Number of Musicians AFM Local #

Recording Studio/Location
Address_ City State
Producer/Employer _Address
Producer/Employer Address (con't)
City _State Name of Artist or Group
Name(s) of Musicians

The Producer/Employer understands and agrees that the employment covered by this Report Form is subject
to the terms and conditions of the current AFM Single Song/Single Player Overdub Agreement, and the
bylaws of the AFM Local in whose jurisdiction such recording takes place. Late Payments are subject to the
Late Payment provisions of the AFM Sound Recording Agreement. AFM-EPF Pension Contributions may
be paid by Musician or the Employer/Payroll Company as designated in Article 5b of the Agreement .
PAYMENTBREAKDOWN Per Song Scale Health & Pension (Payable Electronic Transaction
(actual wages) Welfare (pd on to AFM-EP Fund by Fee
top of wages) designee) (Payable To Musician)
A. TOTAL PAY B.WAGES C. H &W D. PENSION E. PAY PAL
Columns B-E 81.25% of 6% of B 14.09% of B 3% of B
Column A

LOCAL
H&W PENSION
NO. EMPLOYEE’S NAME HOME ADDRESS SOCIAL SCALE WAGES
------------ (6% OF (14.09% OF
(As on Social Security Card) (Give Street, City & State) SECURI TY SCALE) SCALE)
CARD
NO. LAST FIRST INIT. NUMBER

---------

---------
TITLE of SONG/TUNES/P IE CE S RATE per SONG No. of MIN RECORDIN G DATE(S)

10.

11.

12.
JOINT VENTURE RECORDING AGREEMENT
(NON-SYMPHONIC)

GUIDELINES
1. The Joint Venture Recording Agreement- Audio or Audiovisual (“JVRA”) must be filed with the
Local and must be signed by each of the participating musicians, indicating their respective
share/percentage in all royalties from the scale or use of the recordings.
2. Except as otherwise provided below, the recordings produced as a result of this Agreement are
exempt from SRLA signatory requirements, Local and Federation recording scales, pension, work
dues and reporting bylaws.
3. The JVRA shall contain the name of the group, dates and location of the recordings, as well as
song titles and length of each song.
4. In the event that additional AFM musicians are utilized for this project who are not part of the
Joint Venture, a signatory to the AFM Single Song Overdub, Limited Pressing, Sound Recording
Labor Agreement, or other relevant AFM Agreement is required, and the applicable “B” report
form must be filed with the appropriate session payments.
5. In the event that the masters or audiovisual product is picked up for distribution, the
appropriate AFM signatory agreement must be utilized and the applicable report form must be
filed with appropriate payments.
6. Symphonic Orchestras, Original Cast Recordings, “New Use” Soundtrack albums and
Underscoring for Motion Pictures, Film, Videotape or Live Television Productions are excluded
from using this Agreement
AMERICAN FEDERATION OF MUSICIANS OF
THE UNITED STATES AND CANADA JOINT
VENTURE RECORDING AGREEMENT- AUDIO OR
AUDIOVISUAL
(NON-SYMPHONIC)

=========================================================== This
section to be completed by Local Officer

Date: _____ Local Officer:

AFM Local: _ Signature: ___

Address: _________ City, State/Province:

Zip/Postal Code: Phone: Fax:

Email: _ Website:

===========================================================

The undersigned participating royalty musicians jointly agree that:

1. the recording referenced herein shall be jointly owned by us collectively and that we will share jointly
in the profits and royalties or any other monies generated by the use of the recording as outlined in this
Agreement.

2. the purpose of the recording is to produce a demo to obtain work for live performing and/or the
purpose of the recording is to produce a record, audio tape, audio CD, digital audio product, or
audiovisual product for sale and the proceeds from sales exclusively benefit band members. In the
absence of the appropriate and duly executed American Federation of Musicians Signatory
Agreement, any and all other uses are prohibited.

3. the recording referenced herein is a self-produced production. As such, it is understood that no scale
wages shall be due to the participating royalty musicians, nor shall any fringe benefit (i.e., AFM-EP Fund
or H&W Fund) contributions be made on behalf of, or any work dues be paid by, the participating royalty
musicians.

4. any Copyright and Intellectual Property Rights created as a result of the recording outlined in this
Agreement shall remain the exclusive property of the respective creators.

5. in the event that additional AFM musicians were/are utilized for this recording project who are not
part of the Joint Venture, it is agreed that a signatory to the AFM Single Song Overdub, Limited
Pressing, Sound Recording Labor Agreement or other relevant AFM Agreement is required, and the
applicable "B" report form must be filed with the appropriate session payments, including fringe benefits.

6. in the event the rights to the recording (master) or audiovisual product are sold, leased or in any other manner
made available for distribution by any other party, the appropriate American Federation of Musicians
Signatory Agreement must be executed and the proper "B" Report Form must be filed and the appropriate
payments be made to all contributing musicians together with applicable fringe benefit contributions.
7. we authorize the American Federation of Musicians and the above-named Local to act as our collective
bargaining representative with full power to execute and enforce collective bargaining agreements with
employers governing the terms and conditions of any new use of the recording as outlined in this
Agreement.

8. we shall designate one musician to act as leader for the purpose of communicating with the Local
and/or Federation on our behalf. We understand that this designation does not exclude any rights and/or
obligations we may have in regards to this Agreement.

9. the Local will retain this signed agreement, make copies available to the undersigned royalty artists
and send one copy to the Federation West Coast Office.

10. _________________________________
Name of Artist/Group

11. _________________________________________________________________
Name & address of location(s) where recording was made

12. _______________________________ Date(s) of recording

13.
________________ __________ _________________ __________
Song Title Length (min:sec) Song Title Length (min:sec)