MusicDish e-Journal - April 27, 2017
MusicDish Advertising Network
» HOME » INSIDER SCOOP » CAREER TIPS » MUSIC SPOTLIGHT » MUSICDISH*CHINA
» INDUSTRY INTERVIEWS » NEWS BEAT » DIGITAL SKOOL » OPEN REVIEW » MUSICDISH EDELWEISS
Search MusicDish e-Journal (Advanced)
Subscribe To MusicDish e-Journal
About | Contact | Advertise | RSS | Submit Article | Submit News | Artist Development | Premium PR Distribution
Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network

Victory Records Releases Statement On A Day To Remember Court Case
Victory Records' responds to Kerrang! Magazine article on legal fight with A Day To Remember
By Mi2N
(more articles from this author)
2016-08-13
Comment | Email | Print | RSS

Victory Records has issued a detailed response to a recent article in Kerrang! Magazine referencing the litigation filed against it by the band A Day To Remember. Victory Records is compelled to provide the following information to the public, specifically in response to untrue statements made by band leader Jeremy McKinnon. Victory did not file this lawsuit, A Day To Remember did so in order to avoid their remaining recording commitments to Victory. In fact, Victory was blindsided by the lawsuit that the band began to surreptitiously prepare as early as 2010.

The core issue in the lawsuit is how many "Albums" A Day To Remember delivered under its agreement with Victory Records. Not once before filing the lawsuit did ADTR claim to Victory or to the public that they had satisfied their 5-Album recording commitment. They never asserted that Victory's efforts concerning the marketing, promotion and distribution of the albums was anything less than stellar. During the years ADTR considered itself a Victory artist, they never complained about royalties.

Including the recent article in Kerrang!, virtually every press outlet that has covered ADTR's album releases since 2006 have reported the number of full length studio albums ADTR released in total - this includes the three albums released by Victory (2007's For Those Who Have Heart, 2009's Homesick, 2010's What Separates Me From You), Old Record (a 2008 re-release of a previous ADTR album on Indianola Records as part of a separate agreement), 2013's Common Courtesy (the "Fifth" album), and now Bad Vibrations (the "Sixth" Album). ADTR's inherently absurd claim that they delivered 13 "Albums" in the first two years of their agreement with Victory defies common sense, logic and reality.

Victory continued to pay A Day To Remember royalties even after the band filed this lawsuit. Victory ceased paying royalties when ADTR interfered with Victory's merchandise sales to Hot Topic which was well into the lawsuit. Victory asserted a "Set-off" counterclaim in the lawsuit, which in this situation permits the withholding of payments that may be otherwise due based on ADTR's material breaches of their agreement - which includes selling merchandise and music via ADTR.com, to other retailers, and refusing to deliver two commitment albums to Victory. As a result of these breaches, Victory sustained damages in the millions of dollars.

In August 2011 (two months after ADTR filed the lawsuit) Victory made its first of many settlement offers to resolve this dispute. They were all rejected by the band. ADTR rejected Victory's settlement proposals again in 2013 and instead self-released Common Courtesy. This was a very obvious indicator that they never had any intention of settling their lawsuit.


Home » Insider Scoop » Victory Records Releases Statement On A Day To Remember Court Case
Permalink:http://www.musicdish.com/mag/?id=13838
Email |Print |Comment |RSS

back | top


MusicDish Advertising Network

Insider Scoop

» Why Do So Many Music Technology Startups Fail?

» New Report Debates Future of Arts & Culture Ticketing

» An Open Letter To President Donald J. Trump

» UK Festival Market Driven By "Super Fans"

» Millennials Turn From Radio To Embrace Streaming

Insider Scoop Directory



» [2017-04-18] A2LiVE Welcomes Eric Reithler-Barros As New Managing Director And CCO; China's EDM Festival Behemoth Eyes Asian Ecosystem Dominance

» [2017-03-16] Jackson Wong Named As Managing Director Of Warner Music China; Wong Will Oversee The Day-to-day Running Of WMG's Beijing Office And Is Also Expected To Expand The Company's Business In Mainland China

» [2017-03-09] Avex Group Rediscovers Mainland China Market; Japan-based Entertainment Management Firm Grants Chinese Platform NetEase Cloud Music An Exclusive License To Its Copyrighted Music

» [2017-03-08] Peermusic And Hamshore Tang Win Lawsuit Against Chinese Label YY; Chinese Court Ruled That YY Should Immediately Cease The Infringement Of The Work's Mechanical, Performance And Digital Rights

» [2017-02-22] Earl & The Steadies Sign With MusicDish For Representation In China; The Band Will Tour Mainland China In May In Support Of The Release Of Their 2016 Album "Love Revolution"

» [2017-02-18] Armada Night - China; The Amsterdam-based Record Label Has Announced The First-ever Armada Night China Tour

» [2017-02-16] NYC's Chinese-American MC Bohan Phoenix Releases New EP 'JALA'; Brooklyn-based, Chinese-transplant Bohan Phoenix Unites Cultures And Expresses His Mixed Identity

» [2017-02-15] Music Marketing Agency Syn Launches Beijing Office; Syn Announced The Official Launch Of The Beijing Office, Broadening The Horizons Of The Tokyo-based Music Marketing Agency

» [2017-02-15] Warner/Chappell Production Music Promotes Aaron Gant To Senior Vice President Of Production; Warner/Chappell Promotes Aaron Gant To Senior Vice President Of Production After 25 Years In The Industry

» [2017-02-08] World Blues & Roots Band Harper And Midwest Kind China Tour; The 2-week Tour Will Bring Their Unique Sound To Beijing, Tianjin, Shanghai, Wuhan And Shijiazhuang

» [2017-02-07] ASCAP Expands Asia-Pacific Strategy; Leading US PRO Engages CML Consultancy Services To Work On Asia-Pacific Strategy And Revenue Growth Opportunities

» [2017-02-05] Why Do So Many Music Technology Startups Fail?; A Major Problem Is That Many Music Industry Startups Do Not Actually Test Their Riskiest Assumptions When Developing A Strategy
MusicDish Advertising Network

follow MusicDish on
Follow MusicDish on Twitter

Mi2N Music PR

Hybrid Studios Adds To Gear Collection

Welcome To The New Age

Emerging Artist JoAnna Michelle Prepares To Launch In Dance Music Genre

Metaract Announce Worldwide Release Of Debut Single, "CPR (Start Again)"

Atlantic Starr CD Release Party And Celebration April 22, 2017

New Song Debuts For Coachella And The 420 Cannabis Craze

Stark Sound Lab Releases New Album 'Life & Times'



Websites: Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network
Services: Submit Article | Submit News | Submit Video | Artist Development | Premium PR Distribution

Copyright © 1997-2017 MusicDish LLC., all rights reserved.
About MusicDish e-Journal | Contact Us | Advertise | RSS | Internships