That contract is really strange. Most contracts do stipulate that re-issues of albums don't count as albums, as there is a clause that states that the works must be "original" and the label is the sole decision maker of the originality. There isn't anything in that contract that says that though... That's a tough call. Normally I'd say the label is correct, even though Victory is a shit organization. I may side with ADTR here though, just because nothing in the contract says it has to be an original work.
EDIT: Victory probably thought that the vagueness of the contract would help them, but it seems to have hurt them in this case.
That description of an album is pretty damn vague. They can record themselves talking about cheese and crackers for 40 minutes while someone strums an acoustic guitar in the background and that could be an album.
Sorry I'm not linking ap.net's article Jason but I can't use the search function on this site for shit.
That whole thing screams bullshit to me. Sounds like a bitter ex trying to smear someone's name, and using the scumbag site isanyoneup to do so. If this really was true, than there would be "police reports" and pressed charges that would turn up. Its annoying that people still discuss this and still cite Hunter Moore and Isanyoneup as a source (not directed at you for posting the link, just in general).
I was very pleasantly surprised (hey, if something can get me to turn off the new A Wilhelm Scream album I've been waiting like 6 years for, that's saying something). I really like the pop-punk parts of it and the melodies they used. There are some massive choruses here. I actually prefer those sections (even the more acousticy songs) to the breakdown/hardcoreish stuff. That's just me though, that's where my tastes lie. I think fans of the band's style are going to love the album ... it could very well go down as their best album, that would not surprise me at all.
"Best of Me" and "Life @ 11" are my early favorites. Only had time to spin it a couple times though, been finishing this article -- and have more coming soon -- so I've been crazy busy today. Hah.
Hmm now I'm excited to hear it. I'll probably buy it and hope for the best that Brummel doesn't get my money in the end haha.
From my understanding and what I think, A Day To Remember should win this case. I believe a contract should be taken exactly how it is written. It shouldn't be interpretation of what wad meant. So it doesn't matter to me what Victory "thinks", if it isn't in the contract it doednt matter. If the judge looks at it like that then ADTR has released 5 albums under Victory and is therefore free of the contract.
Of course Im an 18 year old kid with absolutely no legal background or understanding with a hatred for Victory Records so there may be just a tad bias here.
- What Separates Me From You LP
- Attack of The Killer B-Sides EP
- Homesick LP
- For Those Who Have Heart LP
- Old Record reissue of My Name Is Treason
Not including the reissues of the three main LPs...I feel like these five satisfy the contract in my opinion. It is absolutely Victory Records' fault for not defining an album as 40 minutes, or 10 songs, or whatever. That's why I would count the B-sides EP. It doesn't even define an album as "new material" – it's just a poorly written contract. I would count the "Old Record" reissue because it's an older album that was released under a new name – giving it new life – marketed as a new release, receiving promotion...and was released on CD, vinyl and digital formats, all under that new name.
Seems clear enough to me even without the reissues (and bonus songs) that the three main LPs received. I can see why it'll be a mess to officially determine though.
I spoke with Jeremy at length about just that ... it really is an album documenting the last 3 years of their lives.
so much of this album is them reminiscing of the early years of their band...a lot of demanding "respect" too which i assume is mainly aimed at victory. i can absolutely see what jeremy was saying by that.