Victory Records expand Hawthorne Heights litigation

February 2007

Artists, record labels

Independent rock label Victory Records has extended its Hawthorne Heights litigation by now suing the record company established by frontman JT Woodruff called Carbon Copy Media. The US band fell out with Victory Records, the label they were signed to, last year, and sued the record company and its boss Tony Brummel for breach of contract, seemingly in a bid to release themselves from their contractual commitments to the independent. The band subsequently signed a new recording deal with EMI’s Virgin Records division. But a court ruled back in September that the band remained bound by its exclusive recording contract with Victory, in theory barring them from entering into their new deal with EMI. Band members have pledged to appeal that ruling but Victory have begun legal proceedings against EMI, claiming EMI persuaded band members to launch the original breach of contract lawsuit in a bid to free them from their Victory commitments . The new litigation against Carbon Copy Media follows on from a distribution deal between Victory and Carbon Copy with Victory distributing releases from bands Ellison and Signal Home, and Woodruff’s pre-Hawthorne H eights band A Day In The Life. Victory claim they spent more than $200,000 in connection with the deal, but that Carbon Copy then broke off communications with them at the same time that Hawthorne Heights broke off its relationships with the label. Victory say that puts Carbon Copy in breach of contract, and prevents Victory from recouping its investment in the distribution deal. To that end they are suing for $200K plus legal costs.

From CMU Daily (16 January 2007)

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