A Day To Remember officially won their court case against Victory Records yesterday (November 22). The band originally sued the label in 2011 for breach of contract, disputed ownership of copyrighted works, etc. The Illinois jury sided with the band, over the label, who claimed the band never fulfilled their five album contract, because they didn’t think things like re-releases, live recordings, etc. actually counted. According to law360.com, the jury said these releases did count, so Victory Records will now have to pay the band $4 million dollars to cover unpaid royalties and withheld proceeds from things like digital downloads and merchandise. The band also gets to keep the composition rights to their music, but Victory Records gets to keep the sound recording copyrights.
The label said the following before the trial:
“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.”
The band also commented after the trial:
“As many of you know, more than 5 years ago we filed a lawsuit against Victory Records seeking freedom and resolution on several issues we had with them. For the past 2 weeks we have been in court arguing our case. Yesterday, the jury came back with a unanimous verdict in the trial granting us that freedom and resolution.
Thank you to the fan base for supporting us through this difficult time, we couldn’t have done this without you. This isn’t just a victory for us but also a victory for every band wronged over the years. Right doesn’t always win, but yesterday it did.”
More details on the case are available at law360.com.