My understanding (and I just read this extensively as it involved negative CRM comments made about a pilot in a 91 operation) is that the company is legally required to dispatch those records whether you pay for them or not.

The case I was involved with (as a CRM SME) made me aware that even part 91 operators are required to release comments regarding proficiency (not just previous 135 or 121 employers). Hence even a Fortune 50 company or a private high net worth owner (just as an example) that employed a pilot is required to provide any recorded comments regarding proficiency or competency. If the chief pilot wrote "unstable approach" on a cocktail napkin and stuck it in a file it legally has to be turned over. Very "letter of the law" but when the lawyers get involved...