A Day To Remember Victory Records Law Suit.

Written By Jack Murray

In May 2011 the band A Day To Remember entered a Law Suit with the record label Victory Records, suing them due to a breach of contract. 

The band signed with the label in 2006, entering an exclusive five album contract with an option for additional records. The contract specified that the label would have certain rights to merchandising, specifically in relation to the retail sale of goods representing the band.

The band claimed they had fulfilled their five album contract, releasing “For Those Who Have A Heart”, “Homesick” and “What Separates Me From You”. The rest being live records, bonus tracks and re-releases totalling 13 albums for Victory. Thus allowing them to have ownership over any future releases.

Victory however claim the band bailed from the contract after the 3 studio album releases saying the other releases didn’t count under the clause of the contract. Resulting in them having ownership over the next two albums. 

In 2012 Victory stopped paying royalties to ADTR, accusing a breach of the merchandising clause of the contract as ADTR sold merchandise directly to consumers rather than through the label.  

The following year the judge ruled ADTR could release their album ‘Common Courtesy’ as a self-release. However Victory could still take future royalties from the album depending on how the lawsuit unfolds. 

Jeremy Mckinnon, the frontman of ADTR said this:   “Although our case is still ongoing, we are very pleased with the judge’s decision to allow us to release our next record. The only thing that has mattered to us while dealing with this lawsuit was getting new music to our fans.”

Victory Released this statement in response: “Victory did not file this lawsuit, ADTR did so in order to avoid their remaining recording commitments to Victory. In fact, Victory was blindsided by the lawsuit that the band began to surreptitiously prepare as early as 2010.”

In 2016 a two-week trial ended on November 22nd, resulting with the jury in favour of the band. Victory Records were forced to pay $4 million dollars for unpaid royalties and withheld proceeds from downloads and merchandise sales. Concluding the 6 year long lawsuit. 

ADTR issued this statement after the win: “This isn’t just a victory for us but also a victory for every band wronged over the years. Right doesn’t always win, but yesterday it did.”