TO ALL MUSIC FANS: AN URGENT MATTER, FOR YOUR IMMEDIATE ATTENTION
I realize that there may in fact be more "burning issues" on the plate (such as a couple of rich people being given some tokens of appreciation out in Hollyweird), but I am asking you to help me to get some information out to some artists who truly are in need of getting this information...
This is a serious matter that impacts many of the artists that people here claim to love.
It's a time sensitive thing in that there are only 66 days left for any artists that this may impact to become involved in this case (it relates to their HEALTH & WELFARE) by sending an email to the following address:
AFTRACLASSACTION@aol.com
Here is a second press release from the office of our own SAM MOORE (of legendary Sam & Dave fame), which contains the details.
1. PLEASE FORWARD THIS EMAIL TO ANYONE THAT YOU KNOW TO ANYONE THAT YOU KNOW WHO IS A MUSIC FAN.
2. IF YOU ARE A JOURNALIST, PLEASE MENTION THIS MATTER IN YOUR PUBLICATION
3. IF YOU ARE A BROADCASTER, PLEASE MENTION THIS IN YOUR BROADCASTS (PERHAPS AS A PUBLIC SERVICE ANNOUNCEMENT?)
4. IF YOU OWN A WEBSITE, CONSIDER POSTING THIS ON YOUR WEBSITE
5. IF YOU BELONG TO AN INTERNET NEWSGROUP, MAILING LIST, BULLETIN BOARD, PLEASE CONSIDER REPOSTING THIS MESSAGE THERE
Ask those people to forward it to all music fans that they know.
It's important that the artists that may be impacted become aware of this case so that they can decide if they are impacted and would like to participate.
Sometimes when we hear about these kind of thinks we ask ourselves...
"yeah, ok.....people got SCREWED in the past, but what can I do about it"
Well, THIS IS SOMETHING THAT YOU CAN DO!!!!!!!!!!
(and it won't cost you a penny)
You can be "pro active", by helping to get the word out and allowing these artists to make a decision for themselves on what their next steps might be.
If you get this message more than once, I apologize in advance
A summary of the following press release also appears on the main page of Soul-Patrol, in the commentary section at the following url for your reference:
http://www.soul-patrol.com/
Thanks in advance
Bob Davis
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**Open Letter to All AFTRA Royalty Recording Artists**
IN HOPE OF STOPPING A DISASTROUS CLASS WIDE SETTLEMENT OF A PENSION AND HEALTH BENEFITS RIGHTS CASE, SAM MOORE, THE GRAMMY WINNING ROCK & ROLL HALL OF FAME LEGEND, HAS FILED OBJECTIONS, TOGETHER WITH OTHER NAMED PLAINTIFFS, TO BLOCK SETTLEMENT IN THE CASE IN WHICH HE IS THE LEAD PLAINTIFF.
MOORE SAYS,"I'M NOT GOING TO HAVE MY LEGACY IN THIS BUSINESS BE THAT OF A BENEDICT ARNOLD!"
THE CASE, (WHICH ONLY NAMES 15 INDIVIDUAL RECORDING ARTISTS AS PLAINTIFFS), MOORE ET AL VS THE AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS ET AL. (AFTRA), IF ALLOWED TO SETTLE AS A CLASS ACTION, WILL AFFECT THE PENSION AND HEALTH RIGHTS OF ALL RECORDING ARTISTS WHO RECORDED UNDER AFTRA'S COLLECTIVE BARGANING AGREEMENT WITH THE RECORD INDUSTRY PRIOR TO 1994, FROM ALL GENRES INCLUDING ROCK, POP, RHYTHM & BLUES, SOUL, RAP, COUNTRY, GOSPEL, STAND UP COMEDY, POETRY, SPOKEN WORD AND SERMONS, EVERY RECORDING ARTIST, FROM SPRINGSTEEN, ARETHA AND GEORGE JONES TO BILL COSBY, JERRY SEINFIELD, EDDIE ARNOLD AND MAYA ANGELOU.
OTHER NAMED PLAINTIFFS, BRIAN HYLAND, BRENTON WOOD, THE
CHILDREN OF THE LATE MARY WELLS AND THE CHILDREN OF THE LATE DAVE PRATER JR. ARE ALSO OBJECTING TO THE SETTLEMENT BECAUSE THEY TOO FEEL IT IS NOWHERE NEAR THE REMEDY NEEDED IN THE CASE AND THEREFORE PRESENTS AN EASY WAY OUT FOR THE AFTRA FUNDS AND THEIR TRUSTEES, WHO, FOR DECADES, HAVE FAILED TO ADEQUATELY AND PROPERLY PROTECT THE RIGHTS AND INTERESTS OF ALL VOCAL RECORDING ARTISTS UNDER THE CONTRACT.
ALLOWING THIS CASE TO SETTLE NOW ON THE PROPOSED TERMS WOULD RELEASE THE AFTRA PENSION FUNDS FROM LIABILITY FOR NUMEROUS BREACHS OF FIDUCIARY DUTY OVER PENSION AND HEALTH BENEFITS, IN RETURN FOR NOMINAL PAYMENTS, ESTIMATED TO AVERAGE LESS THAN $500.00 APIECE, TO QUALIFIED CLASS MEMBERS. THE CASE ALLEGES HUNDREDS OF MILLIONS OF DOLLARS OF ACTUAL DAMAGES AND SHORTAGES IN BENEFITS DENIED TO INDIVIDUAL ARTISTS OVER MORE THAN 40 YEARS.
THE PROPOSED SETTLEMENT ALSO PROVIDES FOR A PAYMENT OF $100,000 (ONE HUNDRED THOUSAND DOLLARS) TO EACH OF THE 15 NAMED PLAINTIFFS WHO AGREE TO APPROVE THE PLAN THAT WOULD BIND ALL RECORDING ARTISTS AND SEVERELY LIMIT ALL ARTISTS' RIGHTS TO FORCE THE AFTRA FUNDS TO PAY ALL THE BENEFITS THEY HAVE EARNED.
MR. MOORE AND OTHERS HAVE REJECTED THE PROPOSAL AND THE
$100,000.00 BECAUSE THEY FEEL THEY DON'T HAVE THE RIGHT TO FORCE SUCH AN INADEQUATE RESOLUTION OF THE CASE ON THE ENTIRE ARTIST COMMUNITY. THEY ALSO UNDERSTAND THAT IF THAT SAME $100,000 WERE TO BE USED TO HELP COVER THE HISTORIC SHORTAGES IN THEIR OWN PENSION ACCOUNTS, RATHER THAN PAID TO THEM AS A LUMP SUM, THEY COULD EACH EARN PENSION CREDITS THAT COULD BE WORTH MORE THAN $30,000 A YEAR INCOME AT AGE 65.
THE ATTORNEYS, WHO REPRESENTED MOORE AND THE OTHER 14 PLAINTIFFS, AND WHO HAVE FAILED ON THREE (3) SEPARATE OCCASIONS TO HAVE THE CASE CERTIFIED AS A CLASS ACTION, ARE NOW SEEKING 25% OF THE SETTLEMENT FUND (APPROXIMATELY 2.5 MILLION DOLLARS) AS FEES AND EXPENSES, WHILE ATTEMPTING TO BE RELIEVED AS MOORE'S COUNSEL BECAUSE HE OBJECTS TO THE SETTLEMENT. UNLESS THIS COMPONENT OF THE CASE IS SETTLED ON A CLASS-WIDE BASIS, THE ATTORNEYS HAVE NO RIGHT TO THIS COMPENSATION BECAUSE OF THEIR UNDERLYING CONTINGENCY AGREEMENTS.
MOORE SAYS "MY WIFE AND I HAVE SPENT HUNDREDS OF THOUSANDS OF DOLLARS IN ACTUAL COSTS AND OUR TIME ON THIS CASE. WHILE WE CERTAINLY COULD USE THE THE $100,000 AND THE OTHER REIMBURSMENT OF EXPENSES THE LAWYERS ARE PROMISING THEY WILL GET THE JUDGE TO APPROVE, TO PAY SOME OF OUR BILLS, I CANNOT PUT MY PERSONAL INTEREST BEFORE ALL OF THE ARTISTS AND FAMILIES THAT COULD BE SO DRAMATICALLY AFFECTED BY THE OUTCOME OF THE SETTLEMENT. THAT'S NOT WHY WE STARTED THE SUIT, AND IT IS THE WRONG WAY TO FINISH IT."
THERE WILL BE LESS THAN $5 MILLION TO BE DISBURSED THROUGH A COMPLEX FORMULA TO THE CLASS THAT COULD NUMBER AS MANY AS 20,000 QUALIFIED ARTISTS AND ESTATES. THIS MEANS THE AVERAGE ONE TIME ONLY PAYMENT WILL PROBABLY BE SUBSTANTIALLY LESS THAN $500.00 (FIVE HUNDRED DOLLARS), IN RETURN FOR WHICH THE CLASS MEMBERS MUST GIVE UP ALL RIGHTS TO CHALLENGE THE HISTORICAL PROBLEMS THE AFTRA FUNDS HAVE HAD IN ADMINISTERING THEIR BENEFITS.
"THE CASE WAS FILED TO CORRECT LONG STANDING PROBLEMS WITH AFTRA'S HEALTH AND RETIREMENT FUNDS POLICIES AND PRACTICES." MOORE CONTINUED. "NINE YEARS LATER, THE PROBLEMS ARE STILL THERE, AND IF THIS CASE SETTLES ON THESE GROUNDS, THEY WILL BE THERE FOREVER. THAT IS JUST NOT RIGHT, AND $500 ISN'T GOING TO MAKE IT ANY BETTER FOR ONE SINGLE ARTIST. ALL WE HAVE EVER WANTED IS FOR THEM TO FIX THE SYSTEM, AND THIS SETTLEMENT DOESN'T COME CLOSE TO MAKING THEM DO THAT. THE JUDGE HAS ALREADY RULED THEIR APPEALS PROCESS IS "FUTILE" AND THEY HAVE NOT DEMONSTRATED THAT EVEN THAT'S BEEN FIXED. THIS IS JUST A BIG PAYDAY FOR THE LAWYERS AND THOSE PLAINTIFFS WHO DON'T CARE."
IF THIS AFFECTS YOU OR SOMEONE YOU KNOW, SEND AN EMAIL TO THIS ADDRESS
AFTRACLASSACTION@aol.com
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Bob Davis
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