American Federation of Musicians v. Superior Court

DORAN, J. An action for declaratory relief, injunction, accounting, damages, etc., was instituted in superior court on November 29, 1956, by William (Bill) Atkinson, and others, “Individually and on behalf of all other musicians, leaders, contractors, arrangers and copyists, . . . similarly situated and who are or have been employed by the defendants described in the complaint as the ‘defendant motion picture companies,’ ” etc. Named as defendants therein are the petitioner, American Federation of Musicians, a labor union, and a number of motion picture corporations all of whom were parties to a series of contracts effective June 1, 1952, or February 1, 1954, entered into between the federation and motion picture companies relative to the exhibition on television of motion pictures previously made for theatrical use.

As stated in the complaint, during the years 1946 and 1948, the federation, acting as collective bargaining representative of musicians employed by motion picture companies, entered into certain agreements with said companies, governing wages, hours, etc., referred to as Hollywood film labor agreements. By the terms thereof, the motion picture companies were forbidden from using or exhibiting any such motion pictures on television without the consent or agreement of the federation. The aim of such agreements was to “give recognition to and preserve the right of all musicians who performed services in connection with the production of any past or future motion picture,” to receive additional wages or compensation for such services in the form of so-called re-use payments in the event of subsequent use or exhibition of such motion picture on television.”

In September, 1952, the federation entered into a collective bargaining agreement with the motion picture companies, terminating as of January 31, 1954, known as the “1952 Hollywood film-TV labor agreement,” which specifies the [167]amounts payable to musicians, etc., employed in the original film productions, and providing that in the case of inability to find the musicians entitled thereto, contributions in an equal sum should be made to Samuel R. Rosenbaum as trustee.

It is further alleged that as a part of the same transaction, the motion picture companies were required to execute a so-called trust agreement under which such companies would pay to the trustee, 5 per cent of gross revenues received from the re-use of motion pictures on television, such arrangement being known as the “Music Performance Trust fund,” to be employed by the trustee “for the purposes and objectives of arranging and organizing the presentation of personal performances (free of charge to the public) by instrumental musicians,” to contribute “to the public knowledge and appreciation of music.”