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Tuesday, May 22, 2007

Another legal victory for Hawthorne Heights

A federal judge reaffirmed on Thursday (May 17th) that Hawthorne Heights is not contractually bound to record exclusively for Victory Records, according to Billboard. Although the Chicago judge had previously ruled in March that the group's contract with the independent company did not stop it from recording for other labels, Victory appealed that decision, arguing that the judge had made an "error of apprehension" and that the band still owed Victory two more records.

According to the judge's interpretation of the contract, the label had four 12-month "option periods" with the band, during which Hawthorne Heights was bound to deliver four albums to Victory. But the judge ruled that the contract legally does not prohibit the band from also recording elsewhere at the same time. Whether Hawthorne Heights would be able to make more than one album during any given 12-month period is debatable.

Hawthorne Heights sued Victory and its president, Tony Brummel, last year, claiming damage to the group's reputation and relationship with its fans. Brummel countersued the band and Virgin Records, alleging that the company signed Hawthorne Heights even though the band was still with Victory.

Other rulings in the case, on copyright ownership and trademark infringement, are still pending.


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