Check www.fmsmf.org/unclaimed-residuals to see if you have unclaimed residuals

The term “residuals” has come up a lot in the past couple of years. In many cases, these mentions have shed light on how residuals help musicians, actors, vocalists and several others when consistent work has been difficult to come by. The current state of the industry and ongoing discussion on how to reinvigorate this industry not only in California but across the United States are all moments in time that highlight the value of residuals.

What does this mean for you — and how does the Film Musicians Secondary Markets Fund play a role?

What is the FMSMF?

The Film Musicians Secondary Markets Fund (FMSMF) is an organization established through collective bargaining between the American Federation of Musicians (AFM) and the Alliance of Motion Picture and Television Producers (AMPTP). The FMSMF was established in the 1970s to (1) manage residual contributions and disbursements to participating musicians and their beneficiaries and (2) be a source of expertise and support to the production music community providing guidance to producers, rights holders, lawyers, musicians, and so many more.

What are Secondary Markets Residuals?

Secondary Markets Residuals are deferred wages negotiated by the AFM on behalf of all musicians who perform services under an applicable collective bargaining agreement. These deferred wages are triggered when a title moves from its primary market to a secondary market.

Let’s Break it Down

Whenever you work on a film or television show there is potential to earn secondary markets residuals. There are a few key questions to ask.

1. What is the primary market of the film or television show?
2. Has the film or television show been released to a secondary market?
3. Is your information up to date with FMSMF?

Here’s an example of what this looks like in real life.

You’ve worked on three double sessions for a movie that will release theatrically. The movie releases to theatres internationally a few months later. It’s a box office success!

After its primary market window (the time the movie spends in the theatre), it is licensed to a subscription based streaming platform in the U.S. and a different platform in Europe. The movie also becomes available on Blu-ray and DVD, is available to rent online, and can also be purchased as a digital download. The studio has made a profit on the licenses to the streaming platforms, and is earning revenue from all the home video and digital sales. A percentage of this revenue is owed to the musicians, conductor, music prep professionals, and other covered roles that may have worked on this score.  That percentage is sent to the FMSMF.

The FMSMF has multiple teams dedicated to ensuring we receive these payments in a timely manner, and prepare them to send out to participating musicians and beneficiaries. The Basic Theatrical Motion Picture Agreement lays out the rules for who, what, when, where, and how these payments are supposed to be made. The Agreement also lays out the responsibilities the FMSMF has which include organizing all the information to issue secondary markets residuals to musicians, make tax payments, and manage certain withholdings.

Of the secondary markets residuals, the FMSMF receives for this movie you worked on, a portion of that will be issued to you. The Agreement also spells out how the residuals are divided between all the musicians who performed on a movie.

This is where you come in. If your information is up to date (phone number, email address, home address, banking information) then the FMSMF will be able to send you your residual wages in the yearly distribution. If the FMSMF doesn’t have this information available or up to date, then your payment may be delayed.

Here’s a diagram to help illustrate:

Accounting for Nuance

Most of the secondary markets residuals paid to the FMSMF are paid in without issue. They’re timely, they’re accurate, and no flags pop up. There are however, situations or circumstances that require extra attention, where the FMSMF may need assistance from other organizations, and that may cause delays.

Some examples include:

• Who owns the picture? In a co-finance deal, distribution agreement, bankruptcy, or sale, it may be unclear who owns the film or television show and this can make it difficult to figure out who has the obligation to make secondary markets residual contributions. Our Industry Resources and Residual Administration teams are tasked with researching, confirming, and tracking this information.
• Do we have the accompanying film and television show information? The Agreements make clear what information is supposed to accompany the payments. Key information including the name of the movie or television show, its primary market, which secondary market the payment is for and in which territories. Our New Films Allocations team uses this to map secondary markets residuals payments in our system. This team also uses session contracts supplied by the AFM locals to associate the right musicians to the particular payments.

Do we have YOUR information?

This is quite possibly the most important part. Our Participant Services team works with musicians and beneficiaries to make sure all your information is up to date in our system. Reaching out to Participant Services when you move, change your phone number or email address, or have new banking information is essential. Keeping your beneficiary designation up to date is also valuable to ensure the ones you care for most are receiving the benefit of your residuals in the future.

To make sure your information is current for the upcoming July 2025 distribution please login to your account at https://www.fmsmf.org/login/

You may also reach our Participant Services team at 888-443-6763.

Roxanne Castillo is the Chief Administrative Officer and General Counsel for the Film Musicians Secondary Markets Fund

BONUS TIP FROM LOCAL 802: Check https://www.fmsmf.org/unclaimed-residuals/ to see if you have unclaimed residuals. For a complete list of unclaimed checks from a variety of sources, see www.local802afm.org/unclaimed-checks