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A Day To Remember Suing Victory Records

A Day To Remember

Victory Records is facing one of the worst nightmares that could happen to a record label: having your biggest band take you to court. It’s been confirmed that A Day To Remember have filed a lawsuit against Victory Records, alleging breach of contract.

Alternative Press reports that the lawsuit was filed on May 31 of this year in the U.S. District Court of Tennessee. Victory Records is named as the defendant in the lawsuit, which also states that A Day To Remember feel that they have fulfilled their contractual obligation to the imprint. Victory released the following statement which seems to have a tinge of arrogance.

“Recent reports of claims filed by the Victory artist A Day to Remember (ADTR) in litigation presently pending in US District Court in the Northern District of Illinois (a case that was just transferred from Nashville upon Victory’s successful motion based upon improper venue) have misleadingly stated that the principal issue in the case concerns the payment of royalties.  The lawsuit, filed shortly after the band hired new management, is really about the band’s refusal to fulfill their 5-album contractual commitment to Victory and their newfound desire to move to a major label.  Recycled and often apocryphal stories of misguided and unsuccessful attempts by a few Victory bands to jump ship from the label that put them on the map have one common truthful thread; they always end badly for the band.  In those cases, the bands eventually seek reconciliation and often ask to return to the Victory fold after having been disappointed by their post-Victory experiences. Victory is confident that this dispute will be resolved to the satisfaction of both the band and Victory, and that ADTR will continue to deliver great music to Victory in the coming years. Victory continues to honor its commitment to ADTR by placing its significant resources behind the band’s current album,  What Separates Me From You,  which continues to climb the charts and meet or exceed Victory’s expectations.  The band, in the meantime, has enjoyed the benefits of the hundreds of thousands of dollars in record royalties generated from their album sales, which Victory accounts for in full compliance with its contract. Victory’s job remains the same- work hard, sell records and abide by our agreements.”

One notable band who went against Victory Records was Hawthorne Heights. The two parties sued each other in 2006 but eventually repaired their relationship. A Day To Remember have released an official response to Alternative Press in regards to Victory’s statement.

“A Day To Remember would like to make it clear that they did not announce nor seek any attention regarding their ongoing suit with Victory Records. This information has been public record since May of 2011 and they have no intention of speaking publicly or disparagingly regarding their disagreement with Victory. A Day To Remember will continue to release music for their fans and are looking forward to touring in 2012.”

It’s not surprising to see that A Day To Remember would want to sign to a major label. The metalcore/punk band has seen their popularity rise in the last couple of years. I don’t blame them for trying to follow in the footsteps of former Victory Records bands like Taking Back Sunday, Thursday and Hawthorne Heights. It will be interesting to see if ADTR can take their talents to a major label or end up like other Victory bands and beg for forgiveness.

Follow Dave Kim on Twitter, Facebook and Tumblr.

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