The Film Musicians Secondary Market Fund, a trust set up to collect and distribute residual payments to musicians in the TV and film industry, is eyeing Spyglass Entertainment for possible money owed on at least fifteen motion pictures.
The group has asked a U.S. District Court judge in California to order Spyglass to open up financial records on most of its hit films. In particular, the musicians are interested in auditing the revenue generated by the exploitation of films in secondary markets, such as home entertainment, video-on-demand and other pay venues.
The films in question are: Abandon, Bruce Almighty, Dragonfly, Ghost Town, The Happening, Instinct, Legend of Zorro, The Love Guru, Memoirs of a Geisha, Mission to Mars, The Ruins, Seabiscuit, The Sixth Sense, Wanted and Welcome Home Roscoe Jenkins.
Court papers allege that Spyglass denies any obligation to provide access to distribution accounting statements. The fund claims this is a violation of the collective bargaining agreement made between producers and the AFL-CIO's musicians branch.
A rep from Spyglass wasn't available for comment.
In past years, musicians groups have been making more noise about royalties owed in ancillary streams. For example, earlier this year, producers of American Idol were sued for allegedly failing to pay residuals into the fund on band music that made it onto recordings sold on iTunes and on ringtone downloads.