Curb Records Responds To Positive News That The Big Machine / Tim McGraw Issues Will Be Heard By The Federal Court

Curb Records Responds To Positive News That The
Big Machine / Tim McGraw Issues Will Be Heard By The Federal Court

 
Nashville, Tenn. (April 30, 2013) – Curb Records, Inc. was
pleased to learn that Nashville’s Federal Court took jurisdiction of
Curb Records’ continuing lawsuit with Tim McGraw and Big Machine
Records. The lawsuit raises issues of tremendous significance which are
important not only to Curb Records, but also to the recording industry
and many other industries – the enforceability of contracts in
Tennessee. Curb Records contends in the lawsuit that:
  • McGraw ignored his obligation to deliver his required Fifth Option Period album to Curb Records; and
  • The album he did provide, Emotional Traffic, consisted of old
    material recorded before the time during which he was permitted to
    record the Fifth Option Period album; and
  • McGraw ignored his delivery obligations and Curb Records’ approval rights; and
  • McGraw destroyed or erased many recordings owned by Curb Records; and
  • McGraw refused to accept his recording advance check and sent
    the check back to Curb Records so that McGraw could claim non-payment;
    and
  • McGraw attempted to deliver the required Fifth Option Period
    album before he was allowed to do so, attempting to end his recording
    obligations prematurely, among other things.

            Curb Records has also determined that Tim McGraw
recorded the songs recently released on an album by Big Machine Records
while he was still under contract with Curb Records. Accordingly, Curb
Records contends that McGraw and Big Machine are infringing the Curb
Records’ copyrights in those recordings. In addition, Curb Records has
learned that, although Tim McGraw was required to provide to Curb all of
the recordings he had made while he was recording for Curb Records, not
only did he fail to deliver all of those recordings, but that he has
even erased his voice from a number of the recordings which belong to
Curb Records. Because only a federal court has jurisdiction over claims
of copyright infringement, these issues will be heard by the federal
court in Nashville. Curb Records seeks not only damages for copyright
infringement from McGraw and Big Machine Records, but also the Court’s
declaration that Curb Records is the owner of these recordings which
were made during the term of its Recording Agreement and which Big
Machine Records, Curb Records contends, wrongfully induced Tim McGraw to
provide to it. Curb Records believes that an artist honoring his
agreements is a principle so important to the recording industry and
commerce in general that it has asked the federal court to make these
determinations.

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