bmusic - Newsletter No. 270

bmusic
Newsletter No.270
November 19th - December 2nd 2007

There has been a huge story bubbling along in music news in the United States for more than a year now, involving punk/pop/hardcore band Hawthorne Heights and their former label, Victory Records. Their management company have set a new legal challenge up for the band this week, claiming breach of a verbal contract and seeking around US$140,000.

In January 2007, Plaintiff and Defendant agreed to a management arrangement, whereby Plaintiff would be paid 1/6 of the revenue obtained by Defendants based on Plaintiff’s efforts. In conjunction with that oral agreement, Plaintiff prepared a written agreement and delivered it to Defendants. While Defendants did not sign the agreement, they did not object to any provision of it and the parties in fact operated pursuant to the agreement until May 2007.

Now suits are nothing new, but Hawthorne Heights was very public in the Victory Records dispute, as were former employees of Victory Records. In May the band a judge agreed with the band that they were not obliged to record exclusively for Victory. Wording in their contract that was at dispute was:
"Artist grants to Company four (4) separate, consecutive and irrevocable options, each to extend the Term for further periods ("Option Periods") consecutively commencing upon the expiration of the preceding period and expiring twelve (12) months after the date Artist delivers to Company the last Album constituting Artist's Recording Commitment in that Option Period."

The judge concluded in the May decision (which Victory still have a right to appeal against) that it is clear that consecutive options were granted, not the right to consecutive albums. During each option period the band must deliver one album to Victory, but the band may also record for others (including itself) during that option period, the court ruled.

Someone didn't make it rock solid clear in the contract now did they? Nice victory (excuse the pun) there for Hawthonre Heights. All this comes after a suit filed by Hawthorne Heights in August of last year against Victory Records, and label head Tony Brummel. The band claimed that Brummel's "overly-aggressive, unethical and illegal schemes and tactics," including physically threatening music industry figures and scheming against other artists, have severely damaged the band's reputation and its relationship with fans. in February of 2006 Hawthorne Heights and Ne-Yo were vying for the top of The Billboard 200. On Feb. 28, an email from someone at Victory appeared to urge its street promotions team to tamper with Ne-Yo's sales potential. "If you were to pick up [a] handful of Ne-Yo CDs, as if you were about to buy them, but then changed your mind and didn't bother to put them back in the same place," the message read, "That would work ... just relocating a handful creates issues."

Within hours of the email's March 1 appearance on industry message board AbsolutePunk.net, a second email appeared calling the first message "a joke." The Hawthorne Heights record, "If Only You Were Lonely," wound up debuting at No. 3 on sales of 114,000 units in the United States, according to Nielsen SoundScan, while Ne-Yo's "In My Own Words" bowed at No. 1 on sales of 301,000 units.

And it doesn't end there. Victory then filed suit in November last year against Virgin Records and EMI Music North America for interfering with its contractual relationship with band Hawthorne Heights. Victory claimed that the major-label "poached" the band from the indie even though the group still had two more records to deliver under its contract. Victory filed suit for US$10 million in damages to compensate the label and for an additional US$10 million in punitive damages.

Now, back to the start. Tony Brummel was none too pleased with a manifesto that Hawthorne Heights originally published on their own site and the suing back and forth began. (I forgot to mention a libel suit he filed also!) The HH manifesto is as follows:

Due to recent events we have decided to leave Victory Records. Our departure is anything but amicable. We have decided to leave Victory, in part due to the actions of the man who sits at the head of the label, Tony Brummel. Tony Brummel is a man that cares more about his ego and bank account than the bands themselves.

Many of you are familiar with the greed driven letters sent out by Mr. Brummel: his manifesto calling rock supporters to arms and virtual declaration of war on hip-hop and Ne-Yo done under the guise of a band message; as well as the street-team letter which instructed people to re-arrange our CDs, putting them in higher visibility areas in stores. Unfortunately, the head of street-team, Abby Valentine, who understandably resigned following the incident, took the fall for this. At the time of the letters we were branded as racists by some, all over a letter we did NOT write, targeting a genre which we have NOTHING against whatsoever. Because of these letters, our second album debuted at ..3 on the charts, an incredible feat, which would normally be cause for joy, but now is tainted much like Barry Bonds statistics.

When questioned about the letters Tony was more upset that we had told the press that he actually wrote the letters (not us) because he was more worried about rumors surrounding Taking Back Sunday and Thursdays exoduses being justified than the credibility and reputation of his current biggest band.

Couple these letters with him threatening the head program director at Q101 in Chicago for putting the new Taking Back Sunday song into rotation to the point in which the program director pulls Saying Sorry from rotation and you can see why we would more than question whether or not the head of our label cares about us or his own ego more.

Tony is a man whose greed knows no bounds. After selling more than 1.2 million copies of The Silence In Black and White and If Only You Were Lonely, we have never seen a single dollar in artist royalties from Victory Records. Tony will claim that we have not recouped, a term used by those in the music business which means the label has spent more money in advertising than has been made by CD sales. In fact questionable accounting practices are the culprit and we are in fact owed substantial amounts of money much like audits from Taking Back Sunday, Thursday and Atreyu have uncovered.

You may be wondering, why now? Why did they wait three years before saying something? Why did they sound happy in that interview??? Like being in an abusive relationship, we let certain things slide as we were afraid, as many of the bands on Victory are, to stick our neck out for fear of being beaten, in this case represented by the threat of not being promoted as has been the case with certain bands on the roster. Were done being abused. The reasons stated above represent the final straw in a huge pile of hay that broke our backs.

Undoubtedly Tony will proclaim that we are ungrateful and our success was due solely to his promotional efforts. In reality, promotion is only a portion of the equation in a bands success. Even then, in our case especially, promotional efforts can be attributed to the hard work of the band and staff at Victory, many of whom recently resigned or were fired due to differences with Tony. Non-stop touring, dedicated fans and songs (we challenge Tony to sell over 1 million blank CDs) account for the rest of the equation.

Weve accomplished more in three years than most bands do in a lifetime and for that we are extremely grateful and consider ourselves very fortunate. Our situation with Tony Brummel is indicative of issues that all bands on Victory Records encounter on some level or another.

We have decided to remove ourselves from the negative situation so that we can continue to do what we love best and focus on writing and playing music to people that care about what we have created.

Hawthorne Heights

So you can see in that there are a number of issues present in the relationship falling apart, not the least of which being this all too familiar one: "After selling more than 1.2 million copies of The Silence In Black and White and If Only You Were Lonely, we have never seen a single dollar in artist royalties from Victory Records.

The countersuit from Brummel that this sparked:

The case filed by the plaintiffs in this action is really about greed, despite the unfounded and spurious laundry list of allegations made concerning Victory Records ... and its founder and owner, Anthony Brummel, who are responsible for putting the group on the map, The plaintiffs are now willing to say anything — no matter how untrue or defamatory — as a strategy designed to free themselves from their legal obligations to the independent record label that made them famous, in favor of the 'greener pastures' and financial inducements offered by so-called 'major' record distribution companies. Unfortunately, it is a common story in the music business." Further to that, the label has apparently filed cease-and-desist orders against Virgin Records and its parent company, EMI, concerning their discussions with Hawthorne Heights. The suit describes the band as one that "dogged" Brummel for months with multiple demo tapes, e-mails and phone calls before being signed in 2003. It claims that the band has earned $4 million on concerts and merchandise independent of Victory since it signed with the label — earnings the label did not share — and that Hawthorne Heights have been actively seeking a major label recording contract, despite owing Victory two more albums. (Something that has already been decided by the courts in Hawthorne Height's favour).

And on and on it's likely to roll. Tony Brummel is no stranger to controversy over the last couple of years. He ripped into iTunes last year (read HERE) and then an e-mail exchange between Brummel and Apple's Steve Jobs surfaced soon after from an unknown source. Read the e-mail exchange with the last article in mind HERE. Scroll to the bottom of the page to read the e-mail exchange in the correct timeline.

These Hawthorne Heights guys must really wonder what they've gotten themselves into some days. One must seriously question whether going on in music as a business is worth it all when they find themselves in a situation like Hawthorne Heights have found themselves in!

Subscriber Geoff asked us to give his new forum for Australian country musicians a plug. From Geoff:
I searched hi and low to find a place where country musicians could congregate, but all I found was tons of rock people.

Now I certainly hold nothing against rock people, but I know there is also a huge country industry in Australia that is growing everyday. So I decided it was time to make a place for the country musos to get together to network and share ideas. You can visit the new forum at country.aceboard.com

Subscriber Randy pointed out a cool site to us during the week. http://www.thisdayinmusic.com/member/birthdayno1.php. Simply enter in any date and year, your birth date, 18th birthday, wedding day, whatever, and find out what was the Number One song on that day in the US, UK or Australia. Thanks for pointing this one out to us Randy. Hope those who've not yet seen it get a kick out of it.

Another recap of the 200 or so Where Are They Now? features we've run, and those we've revisited as new information has come to light, over the past five years or so. Many more new ones to come. A lot of suggestions and requests for new feature subjects have been received which are in the pipeline, some easier than others, some very difficult indeed!

Regulars including Feature Article, The Weeks Ahead in Music History, Featured Artist and more are all inside Issue 270 of the bmusic Newsletter.
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Thanks to everyone for reading, we'll see you next issue!

TABLE OF CONTENTS (You will need to be online to use the Table of Contents to jump through sections)

Where Are They Now? - Archive

This week's Music Quote

2007 "Roll On Summer" Catalogue Out Now

This week's Specials

This week's Feature Article - Five Paths to $100,000 Per Year: Part 2

This week's Feature Artist - Blistered Palms

Musicians Wanted

Gear Wanted

Band Links

The Weeks Ahead In Music History
           Events
           Births
           Deaths

Give us your suggestions

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In 1955, RCA Victor A&R man Steve Sholes made what is probably the most lucrative signing of all time when, at New York's Warwick Hotel, he signed Elvis Presley to the label for US$40,000. $25,000 went to Sun Records, $15,000 to Hi-Lo Music for Presley's song publishing and the rest was Elvis'. (That's US$5000 to the King).

In 1965, Bob Dylan married former model, mother and divorcee' Sara Lowndes in a Nassau County civil ceremony. Four days later Dylan departed on a world tour with the Band. It was not until February of 1966 that Dylan acknowledged the marriage to the public.

In 1967, Jimmie Rodgers, the son of country music star Hank Snow, was found in his car with a fractured skull after a serious accident. He eventually recovered from the car accident, but his career was over.

In 1968, the Beatles "White Album" was released.

In 1969, John Lennon returned his MBE to Queen Elizabeth, citing British involvement in the Nigeria-Biafra war, political support of the U.S. position in Vietnam and the poor reception given to the Plastic Ono Band's "Cold Turkey."

In 1969, John Lennon and Yoko Ono were cleared of drug charges in a British court after successfully arguing that cannabis found in a bust that earned Lennon a 200 pound fine was from an "old, forgotten stash" and that he and Ono no longer used cannabis.

In 1971, the three surviving members of the Doors, told Rolling Stone magazine that they would carry on despite the death of singer Jim Morrisson. The band officially disbanded less than two years later.

In 1971, the Montreaux Casino burned to the ground during a show by Frank Zappa and the Mothers of Invention. Deep Purple immortalized the incident in their song "Smoke on the Water", released two years later.

In 1974, The Eagles' "Best Of My Love" was released.

In 1976, 10cc officially split up.

In 1976, the Sex Pistols made their infamous appearance on Bill Grundy's "Today Show" on UK TV. Grundy taunted the band about their attitude and reputation resulting in Glenn Matlock audibly swearing. The interview went downhill from there and in the resulting uproar the Sex Pistols were banned from appearing in all but five cities on the itinerary of their first U.K. tour. By the following month, no club or concert hall in Great Britain would book the group.

In 1976, seven gunman sprayed bullets into Bob Marley's house in Kingston, Jamaica where he and the Wailers were rehearsing. The shots hit Marley, his wife Rita, a friend and Wailer manager Don Taylor. None of the four were severely hurt. The gunmen were never found.

In 1976, Jerry Lee Lewis was charged with discharging a firearm within in city limits after shooting his bass player Norman "Butch" Owens whilst trying to hit a soft drink bottle.

In 1979, the four original members of KISS played what was supposed to be their final show ever. The four played again together in 1996 on a reunion tour in full make-up.

In 1980, Eagles drummer/vocalist Don Henley was arrested in Los Angeles after paramedics treated a nude sixteen year-old girl suffering from drug intoxication at his home. Henley was charged with unlawful possession of marijuana, cocaine and Quaaludes and for contributing to the delinquency of a minor.

In 1981, the British Phonographic Industry, with the endorsement of rock stars like Elton John, Gary Numan, Cliff Richard, 10cc and the Boomtown Rats, placed advertisements in the British press claiming that "Home taping is wiping out music."

In 1981, a Thanksgiving concert by the Grateful Dead and the Allman Brothers Band scheduled at the Tangerine Bowl in Orlando, Florida was canceled because only 10,000 of 60,000 tickets had been sold. When the two groups played together in New York in 1971 they drew over 600,000.

In 1982, Joni Mitchell married her bass player, Larry Klein, at the Malibu home of her manager, Elliot Roberts.

In 1982, jazz trumpet giant Miles Davis married for the third time, in New York City to actress Cicely Tyson. Comedian Bill Cosby was the best man.

In 1982, Epic Records released "Thriller," Michael Jackson's first solo album in three years.

In 1984, the Bob Geldof organised "Band-Aid" came together when British and American artists joined to record the single "Do They Know It's Christmas". Proceeds of the record went to Ethiopian famine relief.

In 1985, Bobby Brown announced he was leaving his band New Edition to pursue a solo career.

In 1988, LL Cool J performed the first ever rap concert held in Africa.

In 1990, Mick Jagger married his girlfriend of 10 years, Jerry Hall, in Bali.

In 1991, Cyndi Lauper married actor David Thornton in a ceremony performed by Little Richard.

In 1991, Gilby Clarke replaced Izzy Stradlin as Guns and Roses' rhythm guitarist.

In 1994, rapper Tupac Shakur was shot five times while being robbed outside a New York City recording studio. He survived that shooting, but was killed in another shooting nearly two years later in Las Vegas.

In 1994, rapper Tupac Shakur was shot five times while being robbed outside a New York City recording studio. He survived that shooting, but was killed in another shooting nearly two years later in Las Vegas.

In 1994, while recovering from gunshot wounds suffered the day before, rapper Tupac Shakur was convicted on charges of sexually abusing a woman in a hotel room.

In 1995, Green Day singer Billie Joe Armstrong was arrested for dropping his pants at a concert in Milwaukee and fined US$141.

In 1995, Van Halen on again, off again vocalist Sammy Hagar married Kari Karte on a mountain in California.

In 1998, singer/guitarist Jewel stopped her show at a Creative Coalition benefit in New York to ask for nail clippers. An audience just so happened to have a set and leant them to the singer. She soon continued with the show after trimming her nails.

In 2002, the Number 1 Single this week was "The Ketchup Song" by Las Ketchup followed by "Born To Try" by Delta Goodrem at Number 2. The Number 1 album was "Up" by Shania Twain with the "Best of 1990-2000" from U2 in second spot.

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Births In 1933, John Mayall of John Mayall and The Bluesbreakers.

In 1938, leggy grandma Tina Turner was born.

In 1940, singer of the original classic "When A Man Loves A Woman", Percy Sledge.

In 1941, Donald "Duck" Dunn of Booker T. & the MG's

In 1941, Mamas & Papas vocalist Deniss Doherty.

In 1942, Jimi Hendrix was born.

In 1942, Chris Hillman, bass player for the Flying Burrito Brothers and the Byrds.

In 1943, Randy Newman was born.

In 1944, Rascals keyboardist Felix Cavaliere.

In 1944, Beach Boy drummer Dennis Wilson was born. Dennis died in 1983.

In 1945, Fleetwood Mac bassist John McVie.

In 1945, Deep Purple bassist Roger Glover.

In 1945, Deep Purple bass player Roger Glover.

In 1945, Doors drummer John Densmore.

In 1946, ELO drummer Bev Bevan.

In 1948, Ozzy Osbourne was born.

In 1949, Dave Letterman show band leader Paul Schaffer. The Late Show band is known as the "CBS Orchestra".

In 1949, Mickey Thomas of Jefferson Starship.

In 1950, E Street guitariist Little Steven.

In 1950, Talking Heads bassist Tina Weymouth.

In 1951, Gary Rossington of Lynyrd Skynyrd.

In 1951, Eric Bloom from Blue Oyster Cult.

In 1955, punk rocker Billy Idol.

In 1955, veteran punk rocker Billy Idol/

In 1960, Def Leppard drummer Rick Savage.

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Deaths In 1956, legendary swing band leader and trombonist Tommy Dorsey died in an accident at his home in Greenwich, Connecticut.

In 1969, Chicago bluesman "Magic" Sam Maghett died at the age of 32 after suffering a heart attack.

In 1970, 34-year old saxophonist Albert Ayler, a giant of the jazz avant-garde and a major influence on Frank Zappa, was found drowned in New York's Hudson River. Rumours he was found tied to a jukebox remain unconfirmed.

In 1973, Shadows member John Rostill was electrocuted whilst playing guitar in a recording studio.

In 1975, singer/songwriter Nick Drake overdosed on anti-depressants in an apparent suicide.

In 1979, eleven Who fans were trampled to death in the rush to gain admittance for general or unreserved seats to the band's concert at Cincinnati's Riverfront Coliseum. The eleven died when the doors were open and the mob waiting outside stampeded for the doors.

In 1985, Big Joe Turner (Joseph Vernon Turner) died of a heart attack at the age of 74. He was a boogie woogie and rock and roll artist and recorded "Corrina Corrina" and the original "Shake Rattle And Roll".

In 1986, actor Cary Grant (Archibald Leach) died from a stroke at the age of 82. Musically Grant charted in the US with his hit "Christmas Lullaby".

In 1991, Freddie Mercury (Farouk Bulsara), (aka Larry Lurex), legendary lead singer from Queen, died of complications from AIDS at his home in London at the age of 45. He had sent out a statement confirming rumors that he had AIDS only two days before his death. Mercury was born in Zanzibar in 1946.

In 1991, KISS drummer Eric Carr (Paul Caravello) died from a cerebral hemorrhage, a complication from cancer of the heart and lungs.

In 1993, Steppenwolf drummer Jerry Edmonton (Jerry McCrohan) died in a car accident.

In 1993, Frank Zappa died of pancreatic cancer at age 52.

In 1997, INXS lead singer Michael Hutchence was found dead in his hotel room in the Ritz Carlton in Double Bay, Sydney. The cause of death was suicide by hanging. Hutchence was in Sydney preparing for INXS' 20th anniversary tour which was scheduled to begin three days after his death. He was 37 years old. His grieving widow, Paula Yates, died in September 2000 leaving her child with Hutchence, Heavenly Hiraani Tiger Lily, an orphan.

In 2000, Loverboy bassist Scott Smith was declared "lost at sea" after being swept out to sea by a 25-foot wave while sailing. Loverboy were most famous for their hits such as "Working For The Weekend" and "Turn Me Loose".

In 2001, Jazz pianist Tommy Flanagan died after complications of an aneurysm suffered a decade earlier. He was 71. Flanagan played with jazz heavyweights such as Ella Fitzgerald, Tony Bennett, John Coltrane, Sonny Rollin, Miles Davis and Donald Byrd.

In 2001, manager, producer and promoter Norman Granz died of complications from cancer. He represented some of Jazz's greatest names including Ella Fitzgerald, Count Basie, Duke Ellington, Louis Armstrong, Dizzy Gillespie, Billie Holiday, Oscar Peterson, and Charlie Parker. He was also the founder of Verve Records. Granz fought against racism while promoting his artists.

In 2001, metastatic non-small lung cancer ultimately took the life of former Beatle George Harrison. Besides his solo work Harrison also worked with Bob Dylan, Roy Orbison, Tom Petty and Jeff Lynne in the group The Traveling Wilburys. He was also a film producer responsible for movies such as "The Life Of Brian" and "Time Bandits".

In 2001, former Beatle George Harrison passed away peacefully after battling cancer for much of the year. He was 58 years old.

In 2002, Taswell Joe Baird Jr. (aka Little Joe) died from injuries recieved while being robbed at the age of 81. Baird was a jazz trombonist who had worked with Dizzy Gillespie, Lena Horne, Ella Fitzgerald, Charlie Parker and Louis Armstrong.

In 2002, Billy Knight (David Leon Knight), brother of and percussionist for soul star Gladys Knight.

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