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Judge: A Day To Remember can release new album

Friday, October 4, 2013 6:54 PM PT


In late-August, A Day To Remember announced they would release a new album, titled Common Courtesy, on October 8th. In reality, the band still hadn't resolved their lawsuit with Victory Records, and Victory has been trying to prevent ADTR from releasing the effort via an injunction. Just days before the album's scheduled release, ADTR still hadn't received a definitive legal judgment on the matter, leading many to believe that Common Courtesy wouldn't see the light of day anytime soon. However, earlier today a court apparently ruled that the band could release the album. Unfortunately for them, the matter seems far from over. In fact, in a statement released to AbsolutePunk, Victory's lawyer claims that while deyning the injunction, the judge affirmed that Victory is still contractually owed two albums from ADTR, and Victory may actually receive monetary compensation from the band derived from the self-released album's profits. Attorney Robert S. Meloni had the following to say:

While Victory is disappointed with the ruling, and disagrees with the court's conclusions, it comes as no surprise. Courts rarely grant negative injunctions of this nature, but the circumstances of this case presented a unique opportunity for such a ruling. Having said that, in denying Victory's motion, the court's reasoning actually contained silver linings that significantly favored Victory. First, the court held that it supports Victory's argument about the construction of the recording contract – that ADTR is still obligated to deliver two more albums to Victory -- "at last equally, if not more so, than that offered by ADTR." That is the core issue in this case and the only one that really matters in the end, so Victory is heartened that the court agreed with Victory's position on that core issue. Also, the sole basis for the court's denial of the injunction was that Victory would not suffer "irreparable harm" that could not be compensated by money damages if the album were to be self released, in that it has ample evidence to prove its damages against the band (in the form of lost profits if ADTR does proceed to self release Common Courtesy). That is, even if the band self releases it, Victory is likely to be awarded any profits the band makes on that album, plus additional lost profits suffered by Victory based on the fact that Victory would undeniably do a far better job at marketing the album had Victory released it, which is what Victory is known for and is the reason why ADTR signed with Victory in the first place. In sum, it is a "successful" defeat in a way, and one which Victory welcomed because of the manner in which the Court rendered its opinion. This case will proceed to trial, and Victory is looking forward to the opportunity to vindicate the baseless claims filed by ADTR.

UPDATE: A Day To Remember has now issued a statement regarding the ruling:

"A federal judge today ruled that A Day To Remember are free to release their new album Common Courtesy without Victory Records. In an Order issued earlier today, U.S District Court Judge John Z. Lee denied Victory Records' Motion for a Preliminary Injunction in which Victory had sought to block the band from releasing this new album without Victory's involvement.

"In May of 2011 we joined the long list of bands that have filed suit against Victory Records. 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. We are finally going to do that on October 8th and we couldn't be more excited!"


102 comments


anonymous
10/4/2013 7:00:21 PM
yeah. right in your ass tony

anonymous
10/4/2013 7:10:04 PM
man record labels such a pain in the ass these days they want too much money and a lot of albums in like a couple years dude its like nuts some bands need to step back and reevaluate the situation about material and music material before they even jump in on a record label

anonymous
10/4/2013 7:14:51 PM
Kind of thought this article was about the band judge

10/4/2013 7:16:49 PM
I think it's absolutely fantastic that Tony Victory feels OK about justifying why bands should pay him money from records he didnt even have anything to do with. What a fcking assclown.

anonymous
10/4/2013 7:39:31 PM
Not a fan of ADTR, but Tony Brummel is a fcking gay.

anonymous
10/4/2013 7:42:30 PM
more money for tony's coke and hookers

anonymous
10/4/2013 8:48:58 PM
A Debt To Remember.

anonymous
10/4/2013 9:54:24 PM
Its about time people realize what a piece of shit Brummel is.

10/4/2013 10:11:00 PM
Made me sad, read "Judge: A Day To Remember can release new album" then realized Lambgoat fcked up and meant "A Judge Rules A Day To Remember can release new album" still sad. Obviously Judge wouldnt let this shit stand!

anonymous
10/4/2013 10:44:58 PM
simple solution. self release the album for free. no one buys cds anymore anyways. if victory profits from album sales, they will get none, and adtr would still make their 297349237492374 dollars per night touring.

anonymous
10/4/2013 11:00:36 PM
Corey Brandan is behind all of this.

anonymous
10/4/2013 11:09:26 PM
just google tony brummel and look at the only 2 or 3 pics of the guy available... he's such a gay

10/5/2013 4:32:02 AM
i didnt read that

anonymous
10/5/2013 6:54:54 AM
too bad this wasn't a death penalty case

anonymous
10/5/2013 7:32:34 AM
(/) Through The Never reading that

10/5/2013 7:49:00 AM
No read, just die

anonymous
10/5/2013 8:15:08 AM
a "successful" defeat?? pure idiot news.

anonymous
10/5/2013 9:13:29 AM
"I think it's absolutely fantastic that Tony Victory feels OK about justifying why bands should pay him money from records he didnt even have anything to do with. What a fcking assclown."

They signed a contract for a number of records. They're breaking the contract. Should the label not be compensated?

anonymous
10/5/2013 9:16:51 AM
"simple solution. self release the album for free. no one buys cds anymore anyways. if victory profits from album sales, they will get none, "

ADTR sell a LOT of CDs, still. They make a LOT of money. If they didn't, Victory wouldn't be suing. Also, releasing an album "for free" might not actually count as a "release."

anonymous
10/5/2013 9:40:58 AM
You don't release this album until the band Judge says you can!!!

anonymous
10/5/2013 2:31:58 PM
Not about band judge.. no care.

anonymous
10/5/2013 3:01:32 PM
No one fcking cares lmao at the update.

anonymous
10/5/2013 3:04:10 PM
anonymous17 hours ago
Its about time people realize what a piece of shit Brummel is.
permalink | report abuse


Uhhhh...he's not a piece of shit...we just signed to Victory (Islander) and our contract is pretty reasonable and we stand to gain good money in return. Layoff and don't bad mouth my label.

anonymous
10/5/2013 3:06:51 PM
Neil westfall is a literal gay

anonymous
10/5/2013 3:48:51 PM
^^^Youll be obsolete in less than 6 months, save those pennies and fck your poser ass label.

anonymous
10/5/2013 4:49:12 PM
Uhhhh...he's not a piece of shit...we just signed to Victory (Islander) and our contract is pretty reasonable and we stand to gain good money in return. Layoff and don't bad mouth my label.

^^^^^^^^ this dude is already taking it in the mouth, soon to take it very hard in the ass. congrats on signing, really.

anonymous
10/5/2013 5:53:45 PM
Uhhhh...he's not a piece of shit...we just signed to Victory (Islander) and our contract is pretty reasonable and we stand to gain good money in return. Layoff and don't bad mouth my label.


HAHAHHAHAHAHAHHAHAHAHAHHAH AHAHAHHAHAHAHAHHAHAHA you ain't getting paid shit kid

anonymous
10/5/2013 6:12:02 PM
We worked our ass off to get on victory. We are putting our city on the map and we've got original sound. Victory has promised to hook us up too. We got H.R. to do a guest spot on our new joint. More than any of you trollers can say about your lives. We're staying inspired.

anonymous
10/5/2013 6:22:56 PM
at the end of the day, they should have just sucked it up and delivered what they owe. look at hawthorne heights...when everything was said and done kids moved on. They didnt sign to victory in 1995....should have known better.

anonymous
10/5/2013 7:00:11 PM
We worked our ass off to get on victory. We are putting our city on the map and we've got original sound. Victory has promised to hook us up too. We got H.R. to do a guest spot on our new joint. More than any of you trollers can say about your lives. We're staying inspired.

HAHAHHAHAHA says every new Victory signing. You ain't getting paid shit kid

anonymous
10/5/2013 10:31:01 PM
at the end of the day, they should have just sucked it up and delivered what they owe. look at hawthorne heights...when everything was said and done kids moved on. They didnt sign to victory in 1995....should have known better.

Why should they "suck it up and complete what they owe"... When Tony can't "suck it up and pay anyone"

anonymous
10/5/2013 10:36:00 PM
Haha no one is trolling here kid. Everyone is just telling the truth.
You have not put your city on the map.
You are one of a thousand bands Victory sweet talks and ass fcks later.
And wow you got HR on your "joint" because Victory pulled some strings. Your music wont sound good just because he is on a song.
He probably needed to pay a phonse bill real quick.

10/6/2013 7:26:16 AM
this news bit, jesus..and the guy from the band in greenville who know one has ever seen play live in the last 6 months anywhere comes on here to yell at people for expressing an opinion.

anonymous
10/6/2013 7:45:56 AM
Well at least we'll be a big name one day and leave our mark on the hardcore scene and be a hub for the Greenville area and pioneers for bands coming behind us. We have already been an inspiration to kids in the scene here. We'll continue too. We found a home at victory and they're going to help us.

anonymous
10/6/2013 8:15:32 AM
You're either a troll or a Jerry's Kid.

anonymous
10/6/2013 9:57:42 AM
This kid from Islander is a filthy junkie and this is why you shouldn't try to "shamelessly" promote your shitty band on Lambgoat while you're all strung out.

anonymous
10/6/2013 10:01:25 AM
And fck Victory, though. Tony has a special spot reserved for him in hell for all of the REAL ARTISTS' lives that he has destroyed.

anonymous
10/6/2013 12:56:59 PM
This kid from Islander is a filthy junkie and this is why you shouldn't try to "shamelessly" promote your shitty band on Lambgoat while you're all strung out.

I'm actually straight edge dude, watch your step. And we are ACTUALLY going places. So don't call me out from a bastufft when we're a signed band on the come up, making moves. Jealous people on this site always are a bum out.

anonymous
10/6/2013 2:42:26 PM
But, drugs were the only good excuse for you to be so fcking dumb. Now, you're just fcking dumbbbbbbb.

anonymous
10/6/2013 2:47:19 PM
Dear Islander,
Glassjaw called.
They want their riffs/vocals back.

anonymous
10/6/2013 2:59:36 PM
anonymous
7 hours ago
Well at least we'll be a big name one day and leave our mark on the hardcore scene and be a hub for the Greenville area and pioneers for bands coming behind us. We have already been an inspiration to kids in the scene here. We'll continue too. We found a home at victory and they're going to help us.

You are not part of any hardcore scene.

anonymous
10/6/2013 3:01:49 PM
anonymous10 minutes ago
Dear Islander,
Glassjaw called.
They want their riffs/vocals back.
permalink | report abuse


All of our music is original. We as a band draw inspiration from all types of influences. And no one in our band does drugs. Looks to me like this website draws nothing but jealous people. Have fun doing nothing while we're touring the world getting paid for doing so.

anonymous
10/6/2013 5:15:18 PM
"Why should they "suck it up and complete what they owe"... When Tony can't "suck it up and pay anyone""

Tony's accounting is usually pretty on. As for the long list who've sued, how long is that actual list? Thursday, hawthorne heights, Atreya, ADTR?

anonymous
10/6/2013 5:15:51 PM
Have fun doing nothing while we're touring the world getting paid for doing so.

You think that's how this works, huh?

anonymous
10/6/2013 5:52:55 PM
Have fun doing nothing while we're touring the world getting paid for doing so.

You think that's how this works, huh?


It will be that way for us. We are currently the only fresh music coming out of Greenville, yeah, Nile is from here but they're old and washed up and generically boring. We got a contract, you didn't.

anonymous
10/6/2013 6:13:59 PM
Tony's accounting is usually pretty on. As for the long list who've sued, how long is that actual list? Thursday, hawthorne heights, Atreya, ADTR?

Hey idiot, those are only the bands that could afford to actually sue him.
Many bands never got their money. Or do you not know the history of your band's record label.

anonymous
10/6/2013 6:14:30 PM
Tony's accounting is usually pretty on.

HAHHAHAHAHHAHAH

anonymous
10/6/2013 6:17:10 PM
It will be that way for us. We are currently the only fresh music coming out of Greenville, yeah, Nile is from here but they're old and washed up and generically boring. We got a contract, you didn't.

Good job mate on signing with Victory. They really are the anchor that are going to sink you.

anonymous
10/6/2013 6:28:02 PM
Johnny Drama from Entourage is stoked.

AND

fck ISLANDER!

anonymous
10/6/2013 7:15:08 PM
"I see NEW COLORS..." green wont be one of them on Victory dudes

I lost all hope when the idiot sucking Brummels d said Nile was generically boring...
...and I am not a Nile fan, but anyone producing generic nu-metal/post-hardcore really can't say shit about other bands

anonymous
10/7/2013 5:32:08 AM
THIS BAND SUCKS. VICTORY SUCKS. END OF STORY.

anonymous
10/7/2013 5:36:31 AM
kids with backwards hats and basketball shorts are stoked

anonymous
10/7/2013 6:21:07 AM
All of you are jealous of what we were offered by victory. I'm done with you trolls on this site. We'll be getting paid and seeing the world. Victory is a solid home for us. You're all a bunch of wankstains.

anonymous
10/7/2013 6:49:21 AM
Jesus Christ, don't bands know not to sign with this label?

This should be a lesson for all the starry-eyed dreamers out there.

anonymous
10/7/2013 7:08:54 AM
Terror just signed to Victory Records. 'Doubt they signed to a bad deal.

If you don't have a good lawyer you're the idiots.

D

anonymous
10/7/2013 7:18:05 AM
I personally know the guys in Islander and they do nothing but brag around this city and jock young girls. They will get robbed on tour or beaten up at Carolina Ale House. They are full fledged retard.

anonymous
10/7/2013 8:42:01 AM
"Hey idiot, those are only the bands that could afford to actually sue him.
Many bands never got their money."

I'm not the dipshit from Islander, but I was in a Victory band. We had a lawyer, he explained the deal to us. We knew what it was. I say his accounting is usually on, because it is. Everything is in the contract. If you have a halfway decent attorney, they're going to tell you you'll probably never see money from album sales.

anonymous
10/7/2013 8:42:35 AM
(cont)
Victory brings to the table the ability to get on more, and bigger, tours. They advertise, promote and market the fck out of their bands. You get billed back for every cent, but people will know your name.

I wouldn't sign with them ever again, but, I do know exactly what I got into, and don't think he actually did anything underhanded. He was open about everything

10/7/2013 9:28:51 AM
Only thing more of a joke than this band is Tony Brummel himself

anonymous
10/7/2013 9:32:11 AM
Counting the days until "Islander calls it quits" story shows up on here.

10/7/2013 9:32:28 AM
Also sad because the troll here speaking against everyone that claims to be on Victory is obviously one of the gays from Design Da Skyline

anonymous
10/7/2013 10:38:03 AM
"Counting the days until "Islander calls it quits" story shows up on here."

18 months is my bet.

anonymous
10/7/2013 10:52:13 AM
Take a look around. If your ego would just just the fckk up for a second, you might realize that nobody is "jealous" of your shitty band. We are all making fun of you for signing to a label with a long, long, long documented history of ripping off their own "family." Get it yet? Most people commenting in here are in more successful bands than you, including myself. Better get you and your 1500 Facebook fans straight right now... and get a helmet.

anonymous
10/7/2013 10:54:50 AM
Also, way to successfully take an article about a complete different band and turn it about yourselves. Baseless ego.

anonymous
10/7/2013 11:21:15 AM
I just checked out this dude's band. Let's see, not hardcore, at all. It is a Glassjaw ripoff, if you removed any and all talent from Glassjaw. The song with HR is just absolutely horrid.

anonymous
10/7/2013 11:36:11 AM
chung king can sick mosh

anonymous
10/7/2013 12:16:22 PM
I'm not in Islander but I'm a fan and know the guys. They DO have original sound and they're huge here. It will be a matter of time before you idiots wisen up and realize and quit trolling the board. Mans to the idiot calling them a Glassjaw ripoff, pfffftt Glassjaw doesn't have half the talent or fans this band has already and will have down the road. You're all retards.

anonymous
10/7/2013 12:16:34 PM
A band to Forget

anonymous
10/7/2013 12:52:05 PM
"They DO have original sound and they're huge here."

No, they don't. And huge? They have less than 2000 facebook likes. That's pathetic.

"Glassjaw doesn't have half the talent or fans this band has already and will have down the road."

You know Glassjaw still sell around 1000 tickets in most cities, right??

anonymous
10/7/2013 2:04:00 PM
Ok guys, I usually just read the board but I'm gonna need to get in here and set some of you dumbasses straight.First of all to the idiot saying "they've got less than 2,000 likes on Facebook". You're a colossal moron. Music is not all about the Internet. Islander draws an awesome crowd and has a loyal following - don't talk shit about what you don't know
Secondly, Glassjaw has and always will be a terrible poser band who've never done shit for my scene except poison it with fruits.

anonymous
10/7/2013 2:13:43 PM
"Music is not all about the Internet. Islander draws an awesome crowd and has a loyal following - don't talk shit about what you don't know"

Actually, lots of people look at that shit to gage your band, for better or worse. It does matter. It also takes almost no effort for a local band to get a few thousand followers. 1500 is pathetic. As for their draw: they have no shows coming up & no agent. Clearly, no one cares.

anonymous
10/7/2013 2:18:42 PM
In 2013, a band who plays garbage that sounds like this, having so few facebook likes is a major issue and shows people don't care. Sorry to burst your bubbles.

anonymous
10/7/2013 4:09:28 PM
anonymous1 hour ago
In 2013, a band who plays garbage that sounds like this, having so few facebook likes is a major issue and shows people don't care. Sorry to burst your bubbles.
permalink | report abuse

It's not garbage. It's original sound no one else doing currently....hence getting signed idiot.

anonymous
10/7/2013 4:26:29 PM
Actually, lots of people look at that shit to gage your band, for better or worse. It does matter. It also takes almost no effort for a local band to get a few thousand followers. 1500 is pathetic. As for their draw: they have no shows coming up & no agent. Clearly, no one cares.

You don't know what you are talking about.

anonymous
10/7/2013 4:54:40 PM
And by the way I just got off the phone with Tony Victory, he's read all these posts and has my back totally. Even said he's been listening to a lot of Islander lately. Whilst the lambgoat trolls continue to headband to the latest Nile jams in their momma's bastufft in between picking Hot Pocket crumbs out of their neckbeards.

anonymous
10/7/2013 5:16:37 PM
....what is going on here....? Holy shit....

anonymous
10/7/2013 5:49:51 PM
I guess I'll be the first to wish this kid and his band Islander the best and may lots of moshing and underage pssy eating become an actualization as you do world tours while the lambgoat elite write jealous comments knowing full well they wish they could be in your shoes.

anonymous
10/7/2013 5:53:17 PM
Hey you troll fcks. I'm in Islander and you can all go fck yourselves. We be on the map, we be filling shows, we be that hot new signing on that hot label you all know..
Islander IS hardcore and will succeed because Tony is backing us duders.
This contract is so packed with positive vibes. Tony has assured me he is going all out for us.
I DID suck him off backstage when he saw us play. This secured the contract for us and all you haters are just jelous of our success.

anonymous
10/7/2013 6:09:39 PM
u rly sucked Tony off?

anonymous
10/7/2013 6:16:33 PM
I can assure you that the idiot posting about tony is not in my band. Also, whoever the troll is posting, stop it. We don't need this kind of attention.

Eric

anonymous
10/7/2013 6:20:29 PM
Nobody in Islander sucked nobody off. Nope. Got the deal purely using our talent, diverse sound, and he said our edgy look helped also. And also as far as whoever said we'll be breaking up in 18 months, we signed a 3 album deal and have 3 years to complete it, with a clause that says if we eclipse the 100k units sold with the first 3 albums Tony will extend it to a 5 album deal. So what kind of record deal do all you commenters have?

anonymous
10/7/2013 6:24:44 PM
Sucking Tony's d*ck for a 3 album deal.

Just wait for the 5 album deal.
You will have to let him fck you in the ass.

Victory owns you now, Islander.
You're fun slaves.

anonymous
10/7/2013 7:23:14 PM
Hold on, did this fcking jerk just talk shit about Glassjaw? Oh no he fcking didn't.

anonymous
10/7/2013 7:25:10 PM
Alright, I don't know who's talking this shit on my band or posing as one of us. But to all you creep shows, cut it out or bring some proof.

anonymous
10/7/2013 7:40:25 PM
Yo this the guy from Taking Back Sunday.
My jerk is still raw from the ass fun I took from Tony years and years ago. You boyz are in for a treat. It is really wicked to have your rear stitched up because Ton Ton wanted to experiment with a baseball bat. Lots and lots of skinhead fun my man.

anonymous
10/7/2013 8:49:21 PM
3 albums in 3 years? Obviously a cash-grab where it's quantity over quality.

anonymous
10/7/2013 9:35:09 PM
Tony "Soapy Jack, The Rat" Brummel here. fck all you pussies. I'm here chilling on my yacht in the Bahamas just cashing the checks and making deals. While most of you nerds are waking up at 4AM to get to your shitty Starbucks jobs I'll be fcking my amazon French wife in the ass while yelling "Where are all the Warzone women". I run the street bitches and bust it!

anonymous
10/7/2013 10:45:39 PM
Tony Brummel does not exist

anonymous
10/8/2013 8:18:16 AM
lol

anonymous
10/8/2013 8:32:24 AM
Tony likes to pretend he's Steve Jobs. He's not.

anonymous
10/8/2013 10:03:03 AM
"we signed a 3 album deal and have 3 years to complete it, with a clause that says if we eclipse the 100k units sold with the first 3 albums Tony will extend it to a 5 album deal."

I wish this was real and someone was bragging about this.

10/8/2013 10:31:16 AM
Victory Records doesn't fck bands with contracts, they fck them in the ACCOUNTING end of things. Just look at all the lawsuits over the years, ALL bands sue over fraudulent bookkeeping. duh.

10/8/2013 10:38:08 AM
hahaha. who cares how many records you have, it's a matter of much money he is going to put into promoting your band, financial tour support he is going to dole out. of course if you break 100K in sales he is going to keep you...

10/8/2013 10:38:25 AM
by that time you will be suing him trying to get AWAY from Victory Records (like Atreyu, Taking Back Sunday, Thursday, Hawthorne Heights and on and on) but since you signed a deal with that clause you cannot escape. Sounds JUST like ADTR "deal" they signed too. good luck #designtheskyline

anonymous
10/8/2013 1:55:10 PM
Endwells stoked

anonymous
10/8/2013 3:04:36 PM
Uuuuuh, since when is this Islander shit considered hardcore?

anonymous
10/8/2013 5:17:30 PM
The radio room is for gays. Joel from Greenville (throat tattoo)

anonymous
10/9/2013 11:54:09 AM
the judge should have ruled that they need to split up for good cos they're just awful and that victory needs to return the money they got in the recent years by selling kids pop music disguised as alternative music.

anonymous
10/9/2013 11:04:36 PM
Tony "hard c*ck" Brummel

anonymous
10/9/2013 11:10:08 PM
Everyone in Islander sucked him off. Yep. Got the deal purely using our jerks, small c-cks, and mouths. He said our rear virginity helped a lot too.
We signed a 10 album deal and have 3 years to complete it, with a clause that says if we eclipse the 900k units sold with the first 1 album. Tony will extend it to a 25 album deal. So what kind of record deal do all you commenters have?

anonymous
10/11/2013 2:24:03 PM
Dear Islander, Be careful where you tour. If you ever come to my area you will leave with a broken nose

10/11/2013 8:52:12 PM
anyone know if there is a spotify release date?