Back to EMI, and no comment from Guy Hands on what his opinion is of helping platinum selling bands get out of legal commitments to independent labels so they can sign to the major. But that's what Victory Records are claiming EMI's Virgin US division did in a bid to add emo-stars Hawthorne Heights to their roster.
This is part of the ongoing and much previously reported fall out between Victory and one of their biggest artists, the Heights. As previously reported, the emo band fell out with their label in 2006 and began efforts to get out of their contract with the indie. They cited various allegations of breach of contract on the label's part as being behind their moves to get out of their commitments to Victory, but the indie claimed their motivation was simply to free themselves to enter into a new lucrative contract with Virgin.
While legal wranglings between the band and Victory rumble on, the indie has also accused EMI directly of inappropriately interfering in their contractual relationship with the band. They claim the major paid the band an advance that was used to fund their legal action against Victory, and that they helped the emo types find legal representation. That, the indie says, was "willful, wanton and deliberate conduct".
Victory this week confirmed it was suing Virgin over the whole thing, though I seem to remember they said the same thing back in November 2006, and I'm not sure whether this is the same litigation. Either way, the lawsuit filed at the New York courts this month seeks $10 million in compensation and $25 million in punitive damages. Which won't help Guy Hands' aim for a more healthy bottom line should the major lose the case.
The squabble has left Hawthorne Heights' recording career somewhat on hiatus - given that they owe the indie labeltwo albums and have been unable to persuade the courts to have that contract declared void, meaning they can't release anything via Virgin. Then, of course, the band have had to deal more recently with the sudden death of guitarist Casey Calvert back in November.
EMI types, again too busy commenting on other matters, are yet to comment on the latest Hawthorne Heights litigation.