Avenged Sevenfold Comments On Warner Bros. Lawsuit

January 16, 2016

Avenged Sevenfold has issued a statement regarding the lawsuit filed against the band by its record label, Warner Bros., for breach of contract.

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The suit seeks compensatory damages because the band is refusing to fulfill its agreement with the label. A7X has released four studio albums through the label but wants to exit its contract, while Warner Bros. contends that the group owes the company a live CD/DVD.

At the end of 2015, A7X notified Warner Bros. that they would not render services to the label, citing Section 2855 of the California Labor Code, which limits the duration of personal-services agreements to seven years — the so-called seven-year statute.

Said the band: “Few of the executives who have been integral to our continued success are still at [Warner], and we love and are grateful to them for their hard work. However, since we signed with the label, Warner Bros. has had three different regimes, multiple heads of marketing, and none of the senior management or A&R executives who were at the company and responsible for signing us are still there.

“Whatever the activity, it takes a full team to compete, and we no longer know most of our teammates.

“In the coming days, you may read about the lawsuit our label filed against us for exercising our legal rights, rights the State of California granted specifically to protect artists. You may see mistaken facts or worse. One such error we want to make sure you know about: A7X has never renegotiated its original recording agreement with Warner Bros. Records. Billboard has now corrected its story to reflect the real facts.

“Most importantly, we want our fans to know this: we are in the middle of writing a record we cannot wait for you to hear. We expect to go into the studio very soon, and look forward to releasing our new album later this year.”

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A7X was originally signed to Warner Bros. for five albums, but the label apparently tried unsuccessfully to renegotiate the deal in fall 2015 to include a sixth album.

Under the seven-year rule, labels have 45 days to file legal action against the artist attempting to leave. A7X’s letter announcing its departure was dated November 25, but the label claims it received the letter on November 30. The company filed suit against the band on January 8 — 39 days later.

Warner Bros. claims it has invested significant funds in the band’s future releases based on the belief that the contract would be upheld, and the sudden decision to opt out of the deal is a breach of good faith and fair dealing.

 

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