Bit Parts

The U.S. District Court for the Northern District of Illinois declined to issue a preliminary injunction that would have barred the band A Day to Remember (ADTR) from self-releasing an album during the music group's litigation with Victory Records. Woodard v. Victory Records Inc., 11-cv-7594. ADTR had sued claiming the definition of “album” in its 2006 contract with Victory included re-releases that contained bonus tracks. Victory counterclaimed, alleging contract breach and sought to bar ADTR from independently distributing the group's latest album Common Courtesy. District Judge John Z. Lee observed “the record currently before the Court supports Victory's [album delivery] construction at least as equally, if not more so, than that offered by ADTR.” Victory further argued that its reputation could be irreparably harmed if ADTR self-released a substandard album. But in denying Victory's preliminary injunction motion, District Judge Lee noted: “Indeed, in this age of digital music distribution ', it can hardly be presumed that a 'self-released' recording by a music artist would be 'inferior' in terms of recording quality to one overseen by an established record company.” The district judge added: “As a pop band in a very competitive and fickle marketplace, it is likely that ADTR will experience a material erosion in popularity and fan support if it is prohibited from releasing a new record until the resolution of this case, which is likely many months away. ' This will not only harm ADTR, but also would detrimentally impact Victory's ability to benefit from ADTR's continued popularity in the event that it prevails in this action.”

Song License Non-Signatory Can Compel Arbitration