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Archive: Judge Rules a Day to Remember Can Self Release ‘Common Courtesy’

Discussion in 'Article Discussion' started by Melody Bot, Dec 31, 2009.

  1. Melody Bot

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    PropertyOfZack has just received word from trusted sources that A Day To Remember have officially won its near two-year long court case against Victory Records. This story is developing and will be updated with more details as we learn more information on the matter.

    UPDATE writer, Thomas Nassiff, has reached out and recieved a statement from Victory Record’s lawyer, Robert S. Meloni.

    While Victory is disappointed with the ruling, and disagrees with the court’s conclusions, it comes as no surprise. Courts rarely grant negative injunctions of this nature, but the circumstances of this case presented a unique opportunity for such a ruling. Having said that, in denying Victory’s motion, the court’s reasoning actually contained silver linings that significantly favored Victory. First, the court held that it supports Victory’s argument about the construction of the recording contract – that ADTR is still obligated to deliver two more albums to Victory — “at last equally, if not more so, than that offered by ADTR.” That is the core issue in this case and the only one that really matters in the end, so Victory is heartened that the court agreed with Victory’s position on that core issue. Also, the sole basis for the court’s denial of the injunction was that Victory would not suffer “irreparable harm” that could not be compensated by money damages if the album were to be self released, in that it has ample evidence to prove its damages against the band (in the form of lost profits if ADTR does proceed to self release Common Courtesy). That is, even if the band self releases it, Victory is likely to be awarded any profits the band makes on that album, plus additional lost profits suffered by Victory based on the fact that Victory would undeniably do a far better job at marketing the album had Victory released it, which is what Victory is known for and is the reason why ADTR signed with Victory in the first place. In sum, it is a “successful” defeat in a way, and one which Victory welcomed because of the manner in which the Court rendered its opinion.

    This case will proceed to trial, and Victory is looking forward to the opportunity to vindicate the baseless claims filed by ADTR.

    Robert S. Meloni
    UPDATE #2

    I’m reading some blogs that ADTR “won” their two year battle. That is not all all what happened today. This ruling is strictly limited to Victory’s request for a negative injunction. In other words, it involves a small battle in a dispute that will only be resolved after a trial next year. My point was the court’s reasoning today was favorable for Victory in that it forecasts what I believe will be a victory for Victory in the end (excuse the unintended pun).

    Robert S. Meloni
    UPDATE #3

    I just heard from the a representative of the band: The new album will only be available through the band’s website, digitally. It will not be on Amazon or iTunes or any other digital retailer (assuming that means no Spotify either). It will not be available at shows or in any physical form. So, if you want Common Courtesy, grab it here.

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