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.
|
