![News Added May 15, 2012 A Day to Remember from Florida formed in 2003 and are being described as a metalcore/pop-punk/rock band. The bands current line-up include Jeremy McKinnon, Neil Westfall, Josh Woodard, Alex Shelnutt and Kevin Skaff. The band is set to release their new album "Common Courtesy" October the 8th. An album which […]](https://hasitleaked.com/wp-content/uploads/2012/05/ADTR-CC.jpg "A Day To Remember : Common Courtesy")
A Day to Remember from Florida formed in 2003 and are being described as a metalcore/pop-punk/rock band. The bands current line-up include Jeremy McKinnon, Neil Westfall, Josh Woodard, Alex Shelnutt and Kevin Skaff. The band is set to release their new album "Common Courtesy" October the 8th.
An album which have seen a lot of delays. Common Courtesy was announced by the band with a countdown included. Once the countdown hit zero, first single "Violence (Enough Is Enough)" was released. This was back in December and since there's been a lot of speculation when the album actually will be released. On March 18th, Jeremy McKinnon, announced on Twitter that "Common Courtesy is officially tracked! Now, onward to mixing.". Still no official track list.
The band announced Friday night at a show in Michigan that the judge ruled that they could release their album October 8, without Victory. Here is the live video of that announcement.
I still think that we should get #burnbrummel trending lmao
dude do you got a twitter so i can talk to you about the link for the state champs album
Yeah I do, it’s @aslothonasegway, but I thought I already sent it to you? Maybe it was someone else..
let’s do it!
I just posted this on their facebook page. I guess it was my heart spitting out those words but, that’s what i’m trying to say since the hype started about both Common Courtesy and the lawsuit
“Please guys, do a statement about Oct 8th. We all know that you were supposed to enter the court today to see the issue with victory rec., and about the possibility of releasing the album on the estimated date, but we don’t have answers by both parts and the only source we’ve it’s a website that acclaim that nothing happened today. I’m trying to be positive about this whole situation and i guess, that, more than never, you need the support from your fans. But please, share the word with the world. We’ll stand by your side, but we all need to know, in a fan position, what’s REALLY happening without website’s speculation or unknown information given by a non reliable source. Stay strong folks!
So looks like the court case between ADTR and Victory has been postponed…
http://propertyofzack.com/post/62939611114/a-day-to-remember-victory-records-court-case-postponed
Mwahahaha! We did it! Btw don’t forget to check out What Seperates Me from You! Featuring the hit single All I Want! Now if you’ll excuse me, Tony is having his weekly Chode Off at his house. Catch ya later!
Hey guys! I made a blog post urging others to buy the album and not pirate it, and to show support to the band whether they’re a fan or not. If you have a Tumblr account, PLEASE reblog it so the word can get out.
http://add1e.tumblr.com/post/62957913969/adtr-fans-please-reblog
For what its worth, they havent taken anything regarding the preorder down so maybe something will come out of it
So.. all love for ADTR aside who thinks that we will honestly and realistically hear the album by October 8th?
I’m seriously about to cry, because it doesn’t feel like we will. Victory is taking everything and crushing what we’ve hoped for since they announced the album.
Really sucks, just as I thought the wait was over I’m hit with what feels like is potentially going to turn into yet another long wait.
After hearing that the lawsuit is probably delayed I don’t think so
I will find a way no matter what lmao
ADTR has a day off from the tour on the 7th, so if they win the 8th as the release date is still possible.
I dont want to put a downer on things but Oct 2nd was for a Preliminary injunction. Nothing really happens at one of these. It isnt the actual case. ADTR were seeking the prelim and had to demonstrate the 4 facts in order to be granted. The final determination comes after.
My belief is that, yes they have this day off, they have the preliminary Injunction and the final determination will be made on Oct 7th.
However, i am staying positive and whether they win or lose, ADTR will put out Common Courtesy, digitally, regardless and then they’ll make albums in the coming months with the 2 extra songs or whatever they were going to do with that.
If Victory caused this delay by not showing up to court..
Oh btw where do I buy a sniper rifle? and does anyone know where Tony Brummel lives? just asking.
Sorry dude I don’t know any places in Israel but I got this don’t worry
There’s a gunshop in Jerusalem, does a hunting rifle helps?
hhhhhh xD
I think if the October 8th release date was going to be pushed back we would have heard something by now. I can’t see ADTR saying 4 or 5 days before the release date “Oh by the way guys it’s not coming out yet.”
They will probably say something during their show today
something crazy would really need to happen to get this moved back
That’s exactly my point. It’s 5 days until it should be released. I just can’t see them pushing it back
Hi guys! I spoke to my mom (who studied law, graduated with a degree in law, and worked with an attorney for years) and explained the court mess to her, and all of the allegations as well. She stated that as long as the contract was fulfilled before A Day To Remember filed the lawsuit, that A Day To Remember should be in the clear, taking note that they had not broken their five-album contract, which was what the dispute was about in the first place. Just so you guys can have an idea of what might happen, since my mom’s been involved in a bunch of cases before and has settled contracts. She says they should be in the clear for that release date as far as she knows and can tell from the information.
Also, she mentioned that from the information we’ve provided, there hasn’t been any tangible evidence brought forth by Victory, whereas A Day To Remember has everything together.
Yeah but the question is, did they fulfill the 5 album contract really? FTWHH, Homesick and WSMFY. Arguably also Old Record. Do rereleases and EP’s count? Probably not, and that’s the problem.
I’m sure they count. The story behind Old Record is that Victory wanted the band to release an album back in ’08. ADTR wasn’t ready, so they just settled on releasing that. Also, Attack of the Killer B-Sides. FTWHH, Old Record, Homesick, Attack of the Killer B-Sides, and WSMFY. Let’s not forget that Victory is claiming copyright over And Their Name Was Treason as well (even though they have no jurisdiction over it, but whatever).
Attack of the Killer B-Sides is an EP. My worry is that the ruling will be that Victory get CC, and then that’s their 5 albums done.
FTWHH
Old record/ATNWT
Homesick
WSMFY
Common Courtesy
5 albums…
This is good to hear! Also maybe there’s nothing to worry about? I mean they didn’t even make a statement yesterday like they said they would but maybe thats because they have a court case before the 8th anyways, I mean they are dealing with fans money now so if they just went silent until the 8th and said “Oh by the way the albums not out today” that wouldn’t go down to well and the longer they wait to tell people the worse so I assume they would of said it as soon as possible.
I think the same way. If something went wrong they would have sent the email like they’ve said they would do. I guess we all will be hearing the album this tuesday
Don’t get your hopes up though until after the show they play tonight and then check youtube videos tomorrow to see what he said.. Jeremy always talks about the album before they play dead and buried so I wonder what he will say this time.
yeah,i’m waiting for the videos, but like we’ve already seen, Jeremy said that no matter what happens, october 8th is the release. I know that sounds stupid but, i guess they would probably leak it if something went wrong. I guess at this point, they aren’t caring about making money or winning. They’re doing this for us so, i’m pretty sure we’ll hear it in 5 days…AND COUNTING :D
Haha I like to think for fun that the album has already been leaked on the internet somewhere but that no one has found it yet haha
Also the pre orders are still up on adtr.com so they would of taken them down if they knew it wouldn’t be out on the 8th surely?
it’s funny when you said that you like to think that the album has already been leaked, cause i do exactly the same! haha i don’t know about you, but sometimes when i’m doing nothing on the computer i start to google any key words about it, trying to find a recent leak or something like that
When i say that they probably leak it if went wrong, i guess this is their last thing to do, cause if it’s illegal, they’ll be in a LOT of trouble and be truly fucked up in the lawsuit against victory
Alright, lets get this thing out already. We just want to hear amazing music. That’s it.
Everyone who thinks this is coming out on the 8th is fooling themselves. I want this to come out as much as the next guy but seriously I had no idea there were so many amateur lawyers out here that automatically know everything about the case
Well, give us something else to go on, then, if it’s really a problem that we’re trying our best to analyze this and figure out what the hell will happen to our favorite band.
All we have to go on are interviews, POZ, a shady song title list with few confirmed songs, one single that isn’t even on iTunes, teaser lines on ADTR’s Instagram, a couple of new songs that have been recorded live at the shows, and, basically, a he-said-she-said between Victory and ADTR.
We’re just trying to get to the bottom of this and figure out what’s going to happen, because we’re concerned fans. If you have any better ideas, please feel free to tell us, but I’m sure that everyone will be just fine debating and speculating what’s going on with this case, instead of sitting around waiting for someone to spoon feed us this information (which no one has anyway).
I mean I would say if we were not getting the album on the 8th ADTR would have stopped taking preorders for that date on their site….the fact that it remains active is telling to me
Yo nice last name but i have to agree with Addie there is only so much second hand information we know and even with that not all the pieces to the puzzle are presented. Something went down yesterday but nothing major or somebody would have let the cat out of the bag. With what is given to us i think the album will be out on tuesday either through the band or a leak. Tuesday we will all have Common Courtesy because all you can do as a fan at this point is be positive and hope for the best. If Jeremy said he would get it to us one way or another, i am going to believe him because what reason do i have not to?
When all of this stuff is over…man what a ride! I’ve literally been on the edge of my seat for this album ever since Violence came out in December…I’ve literally been looking on the internet everyday since then checking for updates and such. I can’t believe its finally here! I am so excited! I have never been this excited for anything in my entire life! ADTR FOR LIFE!!!!!!!!!!!! #fuckvictory
4 fucking days. Hopefully…
I’m nervous :
One site i just read said they its a possibility that they reached a deal with Victory to avoid court dates thats why a date hasnt been rescheduled.. they were just speculating though. it is a possibility since nothing has been said
October 8th will one way or another be A Day to Remember…
I see what you did there
Just my $.02 from the legal documents I have read…..according to the contract between ADTR and Victory titled “Victory Records Deal Memo”, signed on July 17, 2006, the band agreed to use victory exclusively for 5 albums…with Victory having the option on the 2-5 albums. “Album” is defined in the Deal Memo as “a reproduction, transmission or communication of Recordings, now or hereafter known, manufactured, distributed, transmitted or communicated in any format.” A Day To Remember is arguing that they have released 8 albums through Victory. Those being….(i) “What Separates Me From You” (LP embodying 10 songs); release date
November 16, 2010, Victory Catalog No. VR603; and
(ii) “Homesick” (LP embodying 12 songs); release date February 3, 2009,
Victory Catalog No. VR448; and
(iii) “Homesick – Special Edition” (LP embodying 14 songs, being 12 original
album cuts plus 2 bonus tracks); release date 2009, Victory Catalog No.
VR541; and
(iv) “Homesick – Deluxe Special Edition” (LP embodying 15 songs, being 12
original album cuts and 3 bonus tracks); release date October 26, 2009,
Victory Catalog No. VR550; and
(v) “For Those Who Have Heart” (reissue) (LP embodying 16 songs, being 12
original album cuts plus 4 bonus tracks); release date February 15, 2009,
Victory Catalog No. VR443; and
(vi) “For Those Who Have Heart” (LP embodying 12 songs); release date
January 27, 2007, Victory Catalog No. VR337; and
(vii) “Attack Of The Killer B – Sides” (EP embodying 4 songs – 1 new, 3
previously released); release date January 27, 2007, Victory Catalog No.
VR337; and
(viii) “Old Record” (LP embodying 10 songs); release date October 28, 2008,
Victory Catalog No. VR494.
Because of the very broad definition of what Victory declared as an album in the contract, and because each has a different release day and catalog number, I would find it hard to believe that the courts would decide that the band has not fulfilled their 5 album agreement. I guess stranger things have happened though
I just spoke with my dad and hes a cop about this, and he said ADTR did not fulfill thier 5 album contractual agreement :/ ADTR claim that they have fulfilled their 5-album deal with Victory records (the
band actually lists eight albums which they assert count toward
fulfilling this obligation: What Separates Me From You, three editions
of Homesick, two editions of For Those Who Have Heart, Old Record, and
the Attack Of The Killer B-Sides EP). but look at it like this, say you’re under contract to sell 5 cars, and u make 4, AKA For Those Who Have Heart, Homesick, and What Separates Me From You. ADTR claim that the 3 editions of homesick count, but you cant sell the same car three times and have it count towards another sale, you get me. So i hate to say this, but unless ADTR have a kick ass lawyer, they’re gonna lose the case :'( So that means ADTR are gonna have to release Common Courtesy under Victory Records because they are contractually obligated to. If i read right, Victory has exclusive rights to anything ADTR records while they are under contract :( So either Common Courtesy comes out independently by ADTR on the 8th somehow or it comes out on the 8th under victory or worse case scenario, it gets delayed :'(
i meant 3 where i said 4, but someone please prove me wrong about this, and idk if old record counts, but that still only makes 4
i also want to bring up the point that this album was self funded so im questioning how the court can rule for the album to be on victory when they didnt pay any production costs?
Victory claims they hold the copyright to And Their Name Was Treason. Therefore:
1) And Their Name Was Treason
2) For Those Who Have Heart
3) Old Record (Victory demanded this album in ’08. It counts.)
4) Homesick
5) Attack of the Killer B-Sides (Same thing as Old Record, I believe.)
6) What Separates Me From You.
So yes, they did fulfill their contract. Six albums.
Thank you so much, you’ve given me hope for the album again!! :D
No problem. Either way, my most recent post is basically reassuring that A Day To Remember will not leave us in the dark.
Actually And Their Name Was Treason was released on Idianola Records before they signed with Victory
And Their Name Was Treason wasn’t released on Victory. For Those Who Have Heart, Homesick and What Separates Me From You are the only completely new LPs that ADTR has released on Victory. That’s 3 full lengths out of 5. We haven’t read the contract from Victory, so the re releases may count, but from a legal perspective, ADTR haven’t fulfilled their contract.
ADTR re-released FTWHH and Homesick, which would make it five albums.. that is of course if they count re-releases, which in this case, I guess Victory doesn’t.
“We just wanted you to know we’re just trying to put it [the album] out as soon as we possibly can. We just finished it, and all we want is to get this record to you guys as fast as possible. We’re sorry that it isn’t here with us right now – that’s why we did all this for you; we set all this up, we’ve played in these big rooms because we thought that we were gonna that new record for you, but it turned out somebody’s stopping us, so uh. I’m not naming names, but we’re going to try and get this thing out as soon as possible, in any means necessary. So thank you guys for supporting us over the years.”
Taken straight from what was said in a recording of Dead and Buried when the tour first started. “In any means necessary,” so we shouldn’t be afraid of some lawsuit. This album is being sent out whether Victory likes it or not, because A Day To Remember cares about the fans rather than the ones trying to bring them down.
so there wont be any legal trouble if ADTR release it by themselves?
Oh no, I’m sure there’ll be a whole bunch of legal trouble, but right now I don’t think A Day To Remember even cares about that. Their attitude is basically “the fans come first, that’s the bottom line.”
thats what im afraid of, i dont want this album to be the “end” of ADTR if it gets them in a lot of trouble
I don’t think the fans will let A Day To Remember fall. I think now ADTR knows that their fanbase has them no matter what happens. I’m sure they’ve seen the comments on Victory’s “The end begins October 8th” video. If you’re curious as to what angry ADTR fans look like, that’s a perfect example.
But back to what I was saying; I’m pretty sure A Day To Remember has a solid idea that no matter what, the fans have their backs.
In the point they are right now, I don’t think they care about losing a bunch of money. They would get it back fast from the CDs, tours, merch…
And even if it’s hard to get back, I’m convinced that they prefer to lose some money than a time that’s like gold for their career
there will be a lot of legal trouble lol
Jeremy is part bunny, and a somewhat clearer version of Dead and Buried.
http://www.youtube.com/watch?v=CPdR7peoiuY
According to someone who attended the VIP acoustic, Jeremy stated that the entire case is left up to the judge, any type of meeting between the two in court has been cancelled. Interesting, but that’s gotta be stressful for everyone in the band.
I guess it’s pretty clear to me that victory count each of these records as different from each other, since they’ve different catalogue numbers. Fuck you Victory. http://www.victorymerch.com/merch/category/cds?artist-name=adaytoremember&color=&sort-by=&page=1
I think this is gonna go to the wire folks. I think we’ll have to wait until the 8th and see what happens there and then.