On behalf of Koch & Schmidt posted in Business Litigation on Friday, November 4, 2016.
The popular heavy metal band, Avenged Sevenfold, has become entangled in a contentious dispute in a state outside Louisiana with the Warner Bros. record label company. The record company is accusing the band of a breach of contract, stating the music artists signed on with another record label while they still owed Warner Bros. one more album. The situation looks as though it may lead to trial.
The band did, in fact, sign a new recording contract with Warner Bros. competitor, Capitol Records. The first album under the new contract was recently released and has apparently been quite successful. Warner Bros. has stated its intent to pursue litigation against Avenged Sevenfold, saying it will use the new album’s monetary success as evidence of the damages it has suffered because of the alleged contract breach.
An attorney representing the band claimed that Warner Bros. marketing efforts would never be able to achieve similar success; therefore, the proposed argument is not sustainable. When the heavy metal artists walked away from their contract with Warner Bros., they cited an 1872 law enacted in California that limited the enforceable length of contracts between actors and movie studios. However, in 1989, record label companies sought and gained a provision to that law, allowing them to sue recording artists who do not fulfill required amounts of albums as per their contracts.
This is certainly not the first, and likely, not the last breach of contract argument between a record label company and a recording artist. In Louisiana and beyond, problems in business relationships often remain unresolved until experienced intervention is sought through business and commercial law offices. Aggressive litigation often produces swift and agreeable results.
Source: metalinjection.net, “Warner Bros. Records Is Taking AVENGED SEVENFOLD To Trial Over Contract Dispute“, Robert Pasbani, Oct. 20, 2016