Miami, FL Law Blog for Entertainment Law, Business Law, and Public Interest

Florida band, A Day to Remember, in lawsuit with label

By Pankaj Ladhar of Manos • Alwine P.L.

For many musicians and bands, the relationships between themselves and their record labels  are one of the most important factors in their music career and level of satisfaction with the business side of their music. A positive relationship between a label and performer can lift a talented band from relative obscurity to a position where their music can reach a wider audience. A poor relationship however, can cause endless headaches and make it nearly impossible for a band to focus on their first love of making music.

It was recently disclosed that the Florida-based band, A Day to Remember, is in an ongoing lawsuit with their label, Victory Records. The band is seeking a declaration that they have fulfilled the requirements of their original obligation to the record label and that the label breached their contract.

The original contract between the band and the label called for an exclusive five album commitment with an option for additional records. The contract also apparently specified that the label would have certain rights in regard to merchandising, specifically in relation to the retail sale of goods representing the band. The band claims that the record label withheld royalties owed to the band because the band was selling merchandise through a web store, an avenue that the label considered a retail outlet.

Ideally rather than a band and a record label fighting against each other to determine who gets the largest slice of the profits, the two should try to make the entire pie larger. This way, through the hard work and cooperation of both sides everyone can achieve their fiscal and artistic goals.

Source: The Examiner, “Band members of A Day To Remember file lawsuit against Victory Records,” Natalie Kuchik, Dec. 15, 2011