A Day To Remember have released an official stream on YouTube of their new album Common Courtesy. On the back of their big court case with the record company Victory Records, A Day To Remember have released Common Courtesy off their own back as a self released album. Don’t let the fool you though, this album pulls no punch, the band have done it their own way exactly how they wanted to and the result is a fine piece of work. Although I haven’t listen to it enough to give it full disclosure yet, it is still on first listen, a great record from the Florida state boys.
Because Common Courtesy is being Self Released by A Day To Remember, it will only be available for purchase through digital platforms through the bands website ADTR.com from Tuesday 8th of October.
About the court case
Victory Records Lawyer Statement
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
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