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September 1, 2025
Let’s say you are called into a recording studio to record a track for a major artist. It seems the same as any other session you’ve ever done under the Sound Recording Labor Agreement (SRLA), and you expect to be paid that way. Later, you find out that the song was actually recorded for use in a major theatrical motion picture and the track is being released on the movie’s soundtrack album. What is the correct way to file this work? How are you supposed to be paid?
When this occurs, it is almost certainly because the film producer has engaged the artist or their record label to secure tracks for use in their motion picture. Any music utilized in the film is considered part of the film’s score. As a result, the purpose of the recording session was to record a film score and the correct agreement to cover the session would be the Basic Theatrical Motion Picture Agreement, not the SRLA.
Even further, the terms of the SRLA prohibit the record label from calling a session under that agreement to record anything other than a “phonograph record, a covered concert DVD, or a traditional music video.” So, calling a session under the SRLA to record film score music is a contract violation.
If you have recorded work at such a session and that session was filed under the SRLA, let your local know so that they can file a motion picture B-7 report form appropriately on your behalf with the film producer. This will ensure that you are properly credited for the correct share of secondary market residuals associated with the motion picture.
Unfortunately, sometimes the motion picture producer is not signatory to the AFM’s Motion Picture Agreement. In this situation, allowing the session to move forward under the SRLA allows the film producer to secure union talent on their score without signing to an appropriate agreement, thus circumventing the contract AFM membership has bargained with the film industry.
This can lead to scenarios where the work falls into a bit of a black hole. As a result, it is critically important that working musicians understand what the intent of a recording session is (and who called it) before work begins, so they can be sure they are being covered appropriately.
If you are unsure about whether your session is for a film score or a sound recording, or uncertain whether a film company is signatory, it is best to contact your AFM local office for clarification.