Mar 7, 2007 • 1 min read

Hawthorne Heights win partial victory against Victory Records

A Chicago judge has ruled Hawthorne Heights' contract with Victory Records is not exclusive, so they could sign to EMI, though other claims were dismissed.

Well, something has gone in favour of Hawthorne Heights in their long running and previously reported legal battle with US independent Victory Records. As previously reported, Hawthorne Heights are trying to get out of their recording contract with the independent claiming, among other things, that Victory used "tactics" and "scheming" that damaged the band's reputation and their fan relationships, and that the label acted fraudulently in financial reporting to the band, and that as a result the band should no longer be committed to recording for the indie. They also claimed that the copyright on their first two albums should revert to them. Victory for their part countersued, and also launched litigation against EMI who have been trying to sign the emo band - alleging EMI had interfered in Victory's contractual relationship with the band in a bid to steal them.

Last year a US court ruled that the Victory recording contract stood, despite the band's allegations against the label, meaning they are still obligated to record for the independent. However, in the latest legal twist, a Chicago judge has ruled that the band's relationship with the independent is not exclusive, because their contract does not include an exclusivity clause. That means that, while still committed to provide recordings for Victory, there is nothing to stop the band signing another contract with EMI and releasing its flagship albums via them.

However, the latest court ruling dismissed the band's allegations that Victory had acted fraudulently, and said that it could not rule on claims of copyright ownership on the band's previous albums because the contract between the two companies was not clear enough on that issue, and additional evidence would be required for a court to reach a judgment.

As far as we're aware, neither the band nor Victory have commented on the latest ruling.

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