|Posted by Administrator on April 30, 2013 at 5:45 PM|
Curb Records, Inc. was pleased to learn that Nashville’s Federal Court took jurisdiction of Curb Records’ continuing lawsuit with Tim McGraw and Big Machine Records. The lawsuit raises issues of tremendous significance which are important not only to Curb Records, but also to the recording industry and many other industries – the enforceability of contracts in Tennessee. Curb Records contends in the lawsuit that:
•McGraw ignored his obligation to deliver his required Fifth Option Period album to Curb Records; and
•The album he did provide, Emotional Traffic, consisted of old material recorded before the time during which he was permitted to record the Fifth Option Period album; and
•McGraw ignored his delivery obligations and Curb Records’ approval rights; and
•McGraw destroyed or erased many recordings owned by Curb Records; and
•McGraw refused to accept his recording advance check and sent the check back to Curb Records so that McGraw could claim non-payment; and
•McGraw attempted to deliver the required Fifth Option Period album before he was allowed to do so, attempting to end his recording obligations prematurely, among other things.
Curb Records has also determined that Tim McGraw recorded the songs recently released on an album by Big Machine Records while he was still under contract with Curb Records. Accordingly, Curb Records contends that McGraw and Big Machine are infringing the Curb Records’ copyrights in those recordings. In addition, Curb Records has learned that, although Tim McGraw was required to provide to Curb all of the recordings he had made while he was recording for Curb Records, not only did he fail to deliver all of those recordings, but that he has even erased his voice from a number of the recordings which belong to Curb Records. Because only a federal court has jurisdiction over claims of copyright infringement, these issues will be heard by the federal court in Nashville. Curb Records seeks not only damages for copyright infringement from McGraw and Big Machine Records, but also the Court’s declaration that Curb Records is the owner of these recordings which were made during the term of its Recording Agreement and which Big Machine Records, Curb Records contends, wrongfully induced Tim McGraw to provide to it. Curb Records believes that an artist honoring his agreements is a principle so important to the recording industry and commerce in general that it has asked the federal court to make these determinations.
Categories: Tim McGraw