Non-Featured Performers Royalties $45.8M Class Action Settlement

Session musicians or background vocalists who played on satellite radio, digital cable, or non-interactive webcasting before Dec. 31, 2016, and have not yet received compensation from the AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund may be eligible to receive non-featured music performers’ royalties thanks to a $45.8 million class action lawsuit settlement.

Settlement Class Members include non-featured performers who played on a recording that received sufficient play on satellite radio, digital cable, or non-interactive webcasting to be considered a covered recording before Dec. 31, 2016, and have not yet received music performer royalties from the fund. 

Class Members who performed on a covered recording but are not listed as performing on it must fill out an omissions claim form.

Plaintiffs in the non-featured performers royalties class action lawsuit allege the defendants breached their duties as trustees by failing to identify and pay the proper royalties to non-featured performers. The plaintiffs additionally allege those royalties were collected by the trustees, so the trustees are obligated by law to disperse the funds.

The defendants deny they have done anything wrong, and they are denying this claim. 

The Court did not make a ruling in this class action lawsuit. After lengthy discussions, both parties have decided that it’s in each of their best interests to agree to a class action settlement of $45.8 million.

Non-Featured Performers Royalties Lawsuit Settlement Benefits

As part of the non-featured performers royalties class action settlement, the plaintiffs and Class Members are entitled to receive compensation. 

The amount of compensation given to each Class Member depends on a few factors. These include the amount of unpaid royalties owed to that Class Member and the amounts deducted from the total settlement amount for costs, attorneys’ fees, and service awards. 

The amount of royalties owed to each Class Member is determined by the number of digital performances of the recording and the number of non-featured performers on each recording.

The amount each Class Member will receive could range from $10 to thousands of dollars.

After making payments to Class Members, deducting up to about $11 million in attorney’s fees, and paying for the costs associated with the settlement, any additional money will be distributed on a pro rata basis to Class Members.

Class Members must submit a Performer Information Form to the fund to receive music performer royalties. Once complete, the fund will distribute the non-featured performers royalties class action settlement money at the end of April 2022.

A final approval hearing took place Oct. 22, 2020, via telephone.

The deadline to file a Performer Information Form and receive royalties at the end of April 2022 is March 1, 2022.

Who’s Eligible

Settlement Class Members include non-featured performers who played on a recording that received sufficient play on satellite radio, digital cable, or non-interactive webcasting to be considered a covered recording before Dec. 31, 2016, and have not yet received royalties from the fund.

Potential Award

Varies

Performer Information Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Performer Information Form Deadline

03/01/2022

Case Name

Blondell v. Bouton, Civil Action No. 1:17-CV-00372-RRM-RML, in the U.S. District Court Eastern District of New York Brooklyn Division

Final Hearing

10/22/2020

Settlement Website

SessionsArtistRoyaltySettlement.com

Claims Administrator

Blondell v. Bouton Settlement Administrator
P.O. Box 43434
Providence, RI 02940-3434
admin@SessionArtistRoyaltySettlement.com
844-799-1587

Class Counsel

Eric Zukoski
QUILLING SELANDER LOWNDS WINSLETT & MOSER PC

Roger L. Mandel
JEEVES MANDEL LAW GROUP PC

Defense Counsel

Andrew H. Bart
JENNER & BLOCK LLP