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The Story Behind AFM & SAG-AFTRA Royalty Fund Distribution Litigation
Eric Zukoski — a Dallas, TX, intellectual property attorney with Quilling, Selander, Lownds, Winslett & Moser — has worked a side job as a session musician all his adult life. Performing gigs around Dallas as a double bass player, Zukoski spent much of his time associating with other session musicians. It was that connection that led him to launch a class action in New York state that resulted in a $44.65 million payout of royalties to over 60,000 class members, funds that had not been distributed in some cases going back a decade. Blondell v. Bouton, 1:17-cv-00372 (E.D.N.Y.).
The case revealed a gross lack of initiative on the part of the trustees and directors of AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund, according to court documents. Zukoski's journey into the unclaimed royalties dispute began as a conversation with fellow musician Paul Harrington about his role on the recording "Timber" by Ke$ha and Pitbull. Harrington's performance on harmonica is the distinctive intro to the track. Harrington commented to Zukoski on how he was always hearing the recording everywhere he went, but all he got paid for it was the recording session fee. Zukoski has some familiarity with copyright law and told Harrington he was entitled to royalties.
"No, there is no royalty. I signed a work-for-hire release," Harrington told him. But Zukoski explained the royalty is guaranteed by statute and such releases don't apply. He looked into Harrington's situation and was eventually able to get him paid. When the check came through, he suggested Harrington take his wife to dinner. Harrington responded that he might just buy the restaurant, the sum was that large.
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