Victory Records
Victory Records
Main page

Victory Records

logo
Community Hub0 subscribers
Read side by side
from Wikipedia

Victory Records was a Chicago-based record label founded by Tony Brummel.[1] It operates a music publishing company called "Another Victory, Inc." and is the distributor of several record labels. It has featured many prominent artists including Thursday, Hawthorne Heights, Silverstein, Taking Back Sunday, Bayside, Streetlight Manifesto, and A Day to Remember.

Key Information

In September 2019, years after acquiring a portion of the label's catalogue, Concord acquired Victory Records and Another Victory for $30 million. Craft Recordings has been managing Victory Record's catalog since Concord acquired the label. Victory has not signed any new bands or released any new records since its acquisition. The label now operates solely as the distributor of the label's alumni, in addition to reissues.

Victory's catalogue includes 4,500 master recordings and 3,500 compositions through its publisher Another Victory.[2]

History

[edit]

Originally focusing on hardcore punk and post-hardcore bands, Victory later expanded its roster to include emo and pop punk acts.

In early 2002, twenty-five percent of the label was announced to have been sold to MCA Records.[3] However, later that year the deal was terminated by Victory.[4] Victory is currently partnered with and distributed by Sony's RED Distribution.

It was announced in April 2014 that the label would be sponsoring a Victory Records stage for the entirety of the Rockstar Energy Drink Mayhem Festival featuring five of their artists: Emmure, Ill Niño, Wretched, Islander and Erimha.[5][6] They would continue to sponsor the stage through the eighth annual festival with five of their artists to be announced.[7]

Another Victory Publishing

[edit]

Another Victory is the sister publishing company to Victory Records, founded in 1997.[8] The company holds a variety of worldwide sub-publishing deals, including those with Mushroom Group, BMG Chrysalis, David Gresham Publishing, CTM Publishing, Clipper's Music, FujiPacific Music INC., FujiPacific Music (S.E. ASIA) LTD., Gulliver Music Publishing, Basement Brazil, and Musou LTD. Music Publishing.[8][9][10][11][12]

Representing a catalog of over 5,000 songs, Another Victory has landed a multitude of big-name placements for its artists tracks various movies, games and advertisements including "Chain Gang" by Close Your Eyes in NHL 15,[13] "Like LaMotta" by Emmure on Secrets and Lies (U.S. TV series),[14] "All I Want" by A Day To Remember in Crazy Taxi: City Rush,[15] "Die Knowing" by Comeback Kid on The Challenge: Free Agents,[16][17] and "Let Me Teach You How To Eat" by The Reverend Horton Heat on Ridiculousness (TV series).[18]

Distributed labels

[edit]

Victory has had distribution deals with Sumerian Records,[19][20] Rise Records,[21][22] and Red Cord Records.[23]

In July 2012, it was announced that Victory would become the distribution home for Boston, MA based record label, We Are Triumphant.[24] On May 10, 2013, Victory announced they will be distributing I Scream Records.[25] On September 9, 2014, Famined Records signed a distribution deal with Victory.[26][27] On February 9, 2017, it was announced that Wilhelm Records will be exclusively distributed through Victory Records.[28]

Current

[edit]

Past

[edit]

Criticism

[edit]

Relations with label

[edit]

Victory Records has had some negative relations with artists signed to the label. Over the years, multiple bands have cited grievances, conflicts, or filed lawsuits against the record label, while others have stayed with record label for years, or even came back to Victory after releasing albums on different labels.

Former Victory band Thursday has had a conflict with the label, citing issues with royalties. The band also cited an incident involving the Victory Records marketing staff producing whoopie cushions for the promotion of their 2001 album Full Collapse, against their wishes.[44][45][46] Thursday stated in the DVD accompanying their compilation album Kill the House Lights that they chose to go to a major label (Island Def Jam in 2002) and after fulfilling their contract, Tony Brummel and Victory Records welcomed Thursday "back with open arms."[44]

In a 2021 podcast interview, Atreyu guitarist Dan Jacobs spoke ill of Victory and the label's founder, saying they had issues with "Tony Brummel and his awful, scummy ways".[47]

On July 12, 2015, Wil Francis of Horror Punk band Aiden posted on their official Facebook that they sold 500,000 albums total through Victory Records and were not paid.[48]

Despite the controversy, relations between Victory Records and its bands have not been all negative. Close Your Eyes and Ill Niño have mentioned positive relations multiple times in interview. Emmure has said specifically "Victory does good business, and if you're a band that is expecting more than what you get, then you're going to feel cheated and robbed."[49]

Hawthorne Heights lawsuit

[edit]

On August 7, 2006, the Victory-signed band Hawthorne Heights announced in a "manifesto" on their website that they were leaving the label[50] and filed a lawsuit accusing Victory of fraudulent accounting practices and for "severely damag[ing] the band's reputation and relationship with their fans."[51] Brummel allegedly issued public statements in the band's name criticizing hip-hop singer Ne-Yo (whose CD In My Own Words was Hawthorne Heights' most prominent competition on the Billboard 200 charts),[52] as well as urging fans and street team members to conceal copies of Ne-Yo's CD in record stores to sabotage his sales.[50][51] On September 13, 2006, Victory records countersued Hawthorne Heights, accusing the band of breach of contract and libel.[53][54]

In October 2006, a Chicago judge dismissed two of the three main claims in the band's suit, ruling that the trademark and copyright violation allegations were unfounded.[55] On March 5, 2007, a federal judge in Chicago ruled that Victory Records does not hold exclusive rights for the band's recording services and that the band can record for any label. Specifically, the judge stated: "The agreement contains no exclusivity provision, nor does any of its language appear to prevent [the band] from recording elsewhere during the life of the agreement".[56] The judge later reaffirmed this ruling on May 17, 2007, stating that Hawthorne Heights is still contractually bound to deliver two albums to Victory, but may record albums which are released elsewhere.[57]

In January 2008, Victory filed a lawsuit against Virgin/EMI Records alleging that "Virgin/EMI improperly induced platinum-selling band Hawthorne Heights to repudiate its contract with top independent label Victory Records", including allegations that Virgin/EMI funded the initial phase of Hawthorne Heights' lawsuit against Victory. The suit sought actual damages of $10M and punitive damages of $25M.[58][59]

A Day to Remember lawsuit

[edit]

On December 15, 2011, it was announced that metalcore band A Day to Remember planned on filing a civil action against the label for breach of contract. Legal action was reportedly initiated on May 31 of that year, in which the band claimed that Victory owed them over $75,000 in royalties.[60] Victory Records has said, on their behalf, that the lawsuit is actually about the band's refusal to fulfill their five-album contractual commitment to Victory and their newfound desire to move to a major label.[61]

On October 5, 2013, news outlets reported that A Day to Remember had been given permission to self-release their new album Common Courtesy without any involvement from Victory. The album was released digitally on October 8, 2013. Victory and the band released statements in response to the court ruling.[62]

On November 26, 2016, A Day to Remember won the lawsuit against Victory Records. The band was given $4.02 million and won three of the four issues they were suing Victory for fulfilling the band's contract, controlling the band's publishing, and digital royalty withheld from the band. Victory won the band's master recordings.[63]

Design the Skyline criticism

[edit]

Beginning in May 2011, the label was widely criticized for signing groups perceived as inferior to many of the bands they signed in the past.[64] Some bloggers called Design the Skyline "the worst band ever."[65][66][67] Although Victory refused to comment on the signing, they continued to promote the band regardless of the criticism. The band however, did comment on their controversy, stating; "We really don't mind. We can honestly see why people give us negative feedback for one, the way we look and the fact that we got signed to a mainly hardcore metal label with just one song; we stick out like a sore thumb. And not to mention how young we are."[68]

Streetlight Manifesto lawsuit

[edit]

Ska-punk group Streetlight Manifesto has had numerous conflicts and has a generally poor relationship with Victory Records. The band left the label after their album The Hands That Thieve. In February 2012, Streetlight Manifesto went so far as to request that their fans boycott the band's own music and other items from the Victory record label's online store.[69]

On October 20, 2015, media outlets reported of a $1,000,000 lawsuit filed by Victory Records against lead vocalist Tomas Kalnoky. The lawsuit was filed in regard to the band not fulfilling their record deal of four studio albums to be released under Victory. The band released five albums while on the label, however Victory claims that "... the band agreed not to count this album as one of the four albums under its contract to receive a $10,000 emergency advance."[70] Victory also claims that the band's album 99 Songs of Revolution: Vol. 1 does not count towards the contract due to it being a covers album.[70] The lawsuit claims the $1,000,000 is to be paid for Streetlight not fulfilling their 4 album record deal, as well as damages for copyright infringement relating to the release of their last album The Hands That Thieve in which Tomas Kalnoky released an acoustic version of the album under his pseudonym Toh Kay titled "The Hand That Thieves". The Toh Kay release was officially cancelled, however the release was later made available online.[71]

On April 19, 2017, the band announced on their social media pages that a settlement had been reached with Victory Records. As part of the settlement, Victory Records sold all Streetlight Manifesto master tapes back to the band.

Artists

[edit]

References

[edit]
[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia
Victory Records is an American independent record label founded in 1989 by Tony Brummel in suburban Chicago, Illinois, specializing in punk, hardcore, emo, metal, and alternative music.[1][2][3] The label quickly established itself as a key player in the underground music scene, releasing influential albums by pioneering acts such as Earth Crisis, Hatebreed, and Snapcase in its early years, which helped shape the hardcore and metalcore genres.[1][4] Since its founding, Victory has become home to a roster of notable artists including Taking Back Sunday, Hawthorne Heights, Thursday, Atreyu, A Day to Remember, Bayside, Silverstein, and Emmure, many of whom gained prominence during the early 2000s emo and post-hardcore explosion via platforms like MySpace and tours such as Warped Tour and Ozzfest.[5][1] Victory's releases have sold over 15 million copies worldwide, including six RIAA gold-certified albums, and its catalog encompasses 4,500 master recordings.[2][6] In 2019, the label was acquired by Concord, with its catalog now managed under Craft Recordings, ensuring continued distribution and legacy preservation for its extensive discography.[1]

Company History

Founding and Early Development

Victory Records was founded in 1989 by Tony Brummel in Chicago, Illinois, emerging as a small independent label with an initial investment of less than $1,000.[7] Brummel, then a 17-year-old enthusiast from the local DIY scene, started the label as a hobby rooted in his involvement with hardcore punk, including fronting a band and hosting shows at his family's home venue, Club Blitz, in suburban Westmont.[8][9] The label quickly established itself as a key player in the underground hardcore and post-hardcore music scenes, prioritizing raw, unpolished sounds from emerging bands.[10] From its inception, Victory Records focused on underground acts, releasing early works by influential hardcore bands such as Earth Crisis and Snapcase, which helped define the label's commitment to straight-edge and vegan-themed metalcore.[11] Earth Crisis, in particular, became the label's first breakthrough act, issuing six albums between 1991 and 1997 that captured the intensity of the era's youth crew and metallic hardcore movements.[11] This period emphasized a "culture without compromise" ethos, reflecting the DIY principles of authenticity and resistance against mainstream dilution in punk and hardcore communities. During the 1990s, Victory experienced initial growth through grassroots methods, including mail-order catalogs and local distribution networks centered in the Midwest punk scene. These approaches allowed the label to connect directly with fans and venues in Chicago and surrounding areas, building a dedicated following without relying on major industry support.[9] A key milestone came in 1997 with the launch of Another Victory Publishing, a sister company designed to manage song copyrights and publishing rights alongside the label's record releases.[12] This expansion supported the label's self-sustained model while fostering long-term control over its artists' creative output.

Expansion in the 2000s

During the early 2000s, Victory Records shifted its focus from its punk and hardcore roots to embrace the rising popularity of emo, metalcore, and pop-punk genres, signing influential acts that broadened its roster and commercial appeal. A pivotal moment came in 2001 with the signing of Thursday, whose album Full Collapse—released that April—blended post-hardcore intensity with melodic emo elements, helping to elevate the label's profile in the alternative scene.[13] This expansion continued with the 2004 signing of Hawthorne Heights, a Dayton, Ohio-based band whose screamo-infused pop-punk sound fit the evolving emo wave, leading to their debut The Silence in Black and White later that year.[14] These moves positioned Victory as a key player in the mid-2000s alternative rock surge, attracting bands that fused emotional lyrics with aggressive instrumentation.[2] In April 2002, Victory announced a strategic partnership by selling a 25% non-controlling stake to MCA Records, aiming to leverage major-label distribution for wider reach amid the growing demand for emo and metalcore releases.[15] However, the deal collapsed later that October due to shifting industry dynamics, including consolidation at Universal Music Group (MCA's parent), allowing Victory to retain full independence.[16] This brief flirtation with major-label involvement underscored the label's rising value, as it continued to build momentum through high-profile signings and releases. The decade marked significant commercial growth for Victory, with album sales reflecting the label's success in capturing the emo and pop-punk zeitgeist. Taking Back Sunday's 2004 release Where You Want to Be achieved RIAA gold certification, selling over 500,000 copies and exemplifying the band's crossover appeal with hits like "A Decade Under the Influence."[17] Similarly, Hawthorne Heights' The Silence in Black and White (2004) and If Only You Were Lonely (2006) both earned gold status, driving substantial revenue from the post-hardcore and emo markets.[17] Silverstein's debut When Broken Is Easily Fixed (2003) also contributed to this upward trajectory as one of the label's best-selling early releases, blending metalcore breakdowns with emo introspection to resonate with fans.[18] Overall, these efforts helped Victory amass millions in sales during the 2000s, solidifying its role in alternative music.[2] Building on this 2000s momentum, Victory extended its brand into live events by sponsoring a dedicated stage at the Rockstar Energy Drink Mayhem Festival in 2014 and 2015, showcasing metalcore acts like Emmure and Whitechapel to large audiences.[19][20] This high-visibility partnership highlighted the label's enduring influence in heavy music promotion, even as the decade's foundational successes continued to pay dividends.

Acquisition and Modern Era

In September 2019, Concord acquired Victory Records for approximately $30 million, encompassing around 4,500 master recordings and 3,500 compositions from its punk, metalcore, and hardcore catalog.[21][22] This deal also included the Victory brand and its iconic bulldog logo, integrating the label into Concord's broader portfolio of independent music assets.[23] Following the acquisition, Victory's operations shifted significantly, with its catalog transitioning to oversight by Craft Recordings—a Concord imprint specializing in archival and reissue projects—following the 2019 acquisition.[2] Since then, the label has ceased signing new artists or producing original releases, instead functioning primarily as a legacy catalog manager focused on reissues, digital distribution, and licensing opportunities for its historical holdings.[1] This includes maintaining access to commercially successful back catalog items, such as six gold-certified albums from artists like A Day to Remember, Hawthorne Heights, and Taking Back Sunday, alongside one platinum single.[17] As of 2025, Craft continues to curate vinyl reissues and special editions from the Victory vault, emphasizing high-fidelity remasters for audiophile markets and event-exclusive releases like those for Record Store Day.[24] The acquisition marked the end of Victory's era as an active independent label, underscored by founder Tony Brummel's departure and his subsequent launch of a new venture, Mission Two Entertainment, in April 2020.[25] This independent outfit, along with its affiliated publishing arm Amuxe Publishing, represents Brummel's return to artist development in the punk and hardcore spaces, signaling Victory's pivot to archival stewardship under Concord.[26]

Business Operations

Another Victory Publishing

Another Victory Publishing, established in 1997 as Another Victory, Inc., serves as the sister publishing arm to Victory Records, primarily handling the administration of songwriting copyrights for artists associated with the label.[12] The company manages a catalog of approximately 3,500 compositions from Victory-associated artists, facilitating global sub-publishing agreements to expand its reach and revenue collection. Notable deals include an administrative agreement with BMG Chrysalis for North America and a sub-publishing partnership with Mushroom Music Publishing for Australia and New Zealand.[7][27][28] Its primary revenue streams derive from sync licensing for media placements, mechanical royalties for reproductions, and performance rights through organizations like ASCAP and BMI, with documented disputes highlighting the significance of mechanical payments for thousands of streams. Following its acquisition by Concord in 2019 alongside Victory Records, Another Victory's catalog is managed under Concord Music Publishing while maintaining operational continuity.[29] In legal contexts, Another Victory has played a pivotal role in disputes over rights ownership; for instance, in the 2016 lawsuit with A Day to Remember, a jury ruled that the band retained ownership of its music publishing, separate from the label's control over masters.[30]

Distributed Labels

Victory Records has provided distribution services to independent labels since the early 2000s, offering support in manufacturing, marketing, and sales to help smaller operations reach wider audiences without requiring direct artist signings to Victory itself.[31] This model allowed Victory to expand its influence across genres like metal, punk, and hardcore by partnering with specialized imprints.[32] Among its distribution partnerships, Victory has handled releases for Sumerian Records, a label focused on metal and rock artists, through an agreement initiated in 2006.[31] It also distributed albums from Rise Records, known for punk and emo acts, with the deal extended and expanded to include international markets like the U.K. and Australia in 2007.[32] Additionally, Red Cord Records, which specializes in Christian metal, has relied on Victory for distribution.[33] Historically, Victory distributed other labels including We Are Triumphant Records from 2012 to around 2019, focusing on metalcore and alternative acts through an exclusive worldwide agreement.[34] I Scream Records, a hardcore imprint, partnered with Victory for worldwide distribution starting in 2013.[35] Famined Records entered an exclusive deal in 2014 for its electronic music releases,[36] while Wilhelm Records, an indie label, signed a worldwide music and merchandise distribution agreement in 2017.[37] These partnerships significantly broadened Victory's genre exposure, particularly in metal, hardcore, and electronic scenes, prior to its 2019 acquisition by Concord Music Group, after which the label shifted focus to catalog management under Craft Recordings.[6] This approach enabled Victory to support diverse independent releases without expanding its own artist roster, contributing to its role as a key player in the independent rock ecosystem during the 2000s and 2010s.[38]

Artist Roster

Current and Active Artists

As of 2025, Victory Records, now managed by Craft Recordings under Concord, maintains active catalog ties with approximately 5-10 artists, focusing on the preservation and promotion of back catalogs rather than new signings or original releases.[6] This shift emphasizes reissues, digital distribution, and licensing opportunities, ensuring ongoing relevance in streaming platforms and anniversary celebrations.[24] Bayside remains one of the label's key active artists, with ongoing reissues sustaining their association; for instance, a limited vinyl repressing of their self-titled debut album marked its 20th anniversary in 2025.[39] The band's catalog has benefited from digital streaming boosts, contributing to their continued visibility through Victory-managed masters.[40] Emmure maintains metalcore continuity via Victory's catalog management, with the label promoting tracks like "Don't Be One" through official audio releases as recently as October 2025.[41] Their back catalog supports touring and streaming activity, including appearances on anniversary tours in early 2025.[42] Close Your Eyes exemplifies positive long-term relations with the label, remaining listed among active artists with catalog oversight and no reported disputes.[43] Their releases continue to be available for digital streaming and potential licensing, underscoring Victory's role in maintaining access to melodic hardcore works from the 2010s.[5] Other active catalog artists include Counterparts and Atreyu, with recent promotions such as Atreyu's The Curse 20th anniversary vinyl edition in 2025.[24] Overall, these associations highlight Victory's limited but strategic output, centered on anniversary editions throughout the 2020s—such as 20th anniversary vinyl pressings—and enhanced streaming metrics, including gold certifications for catalog tracks in 2025.[44] No new original albums have been issued under the label in recent years, prioritizing master maintenance for sustained artist relevance.[24]

Notable Former Artists

Victory Records' roster of former artists includes several influential acts that played pivotal roles in the label's rise during the early 2000s post-hardcore and punk scenes. Thursday, formed in 1997 in New Brunswick, New Jersey, achieved a major breakthrough with their 2001 album Full Collapse, released through Victory, which helped solidify the label's reputation for nurturing emerging post-hardcore talent.[45] The album's success propelled Thursday to wider recognition, contributing to the label's growing prominence in the genre.[46] Hawthorne Heights, hailing from Dayton, Ohio, further exemplified Victory's mid-2000s commercial peak with their 2004 debut The Silence in Black and White, which earned RIAA gold certification and featured the breakout single "Niki FM."[47] Their follow-up, If Only You Were Lonely (2006), also achieved gold status, driving significant sales and helping Victory amass over 15 million total album units across its catalog during this era.[17] Silverstein, a Canadian post-hardcore band, released four key albums on Victory—When Broken Is Easily Fixed (2003), Discovering the Waterfront (2005), Arrivals & Departures (2007), and Shipwreck in the Sand (2009)—each showcasing the band's evolving sound and contributing to the label's diverse output in the genre.[48] A Day to Remember, blending metalcore and pop-punk elements, delivered multiple chart-topping releases on Victory, including For Those Who Have Heart (2007), Homesick (2009), and What Separates Me from You (2010), with several earning RIAA gold certifications and fueling the label's sales surge in the late 2000s.[49] Streetlight Manifesto, known for their ska-punk fusion, debuted with Everything Goes Numb (2003) on Victory and followed with albums like Somewhere in the Between (2007) and The Hands That Thieve (2013), expanding the label's genre reach beyond hardcore into punk variations.[50] Collectively, these artists released approximately 20 albums and EPs through Victory, spanning post-hardcore, emo, metalcore, and ska-punk, while driving the label's peak commercial performance in the mid-2000s through high-profile tours and radio play. The label's total catalog exceeds 300 releases.[2] Many of these acts departed Victory after fulfilling contracts, often seeking opportunities for creative expansion on larger platforms. Thursday transitioned to Island Records in 2003, Silverstein moved to Hopeless Records in 2010 to pursue new production directions, and A Day to Remember signed with Fueled by Ramen post-2010, citing needs for broader artistic development.[51][52] Streetlight Manifesto achieved independence following their 2013 release, allowing greater control over future projects.[53] The legacy of Victory's former artists endures through thirteen RIAA gold and platinum certifications across the roster (including six gold albums, six gold singles, and one platinum single), including multiple golds for Hawthorne Heights and A Day to Remember, underscoring their role in elevating the label's cultural and commercial impact in punk and hardcore music.[17][7]

Controversies and Criticisms

General Artist Relations

Victory Records has maintained a complex relationship with its artists, characterized by a mix of supportive promotion for emerging acts and recurring grievances over business practices. Bands such as Emmure have spoken positively about their experiences, stating in 2013 that the label never cheated or stole from them and crediting it for fair treatment during their tenure, which led to a contract renewal. Similarly, the label's aggressive marketing investments helped launch careers in the punk and hardcore scenes, providing high visibility through MTV placements and major retail distribution that propelled acts like Hawthorne Heights to sell over 1.2 million records. However, other artists have criticized Victory for inadequate promotion and rigid contractual terms; for instance, Taking Back Sunday and Atreyu alleged in the mid-2000s that the label owed them significant royalties exceeding $700,000 despite strong sales.[54][55] Common challenges in artist relations included delays in royalty reporting and payments, as well as overly aggressive marketing tactics that sometimes alienated bands. Multiple acts, including Hawthorne Heights, reported receiving no royalty checks despite multimillion-dollar sales, with funds allegedly diverted or withheld amid disputes. A notable example of contentious promotion occurred in 2002 when Victory produced and distributed "Thursday Whoopee Cushions" for the Warped Tour without the band's consent, contributing to broader frustrations over unauthorized use of their image and lack of creative input. Contract length disputes were prevalent in the 2000s, often stemming from lengthy multi-album deals that bands felt trapped them, leading to high-profile exits and legal battles over fulfillment obligations.[55][51][56] Despite these strains, Victory earned a reputation for being instrumental in launching punk, hardcore, and emo careers during its rapid expansion in the 1990s and 2000s, fostering a devoted fanbase through its roster's output. The label's growth, however, exacerbated tensions, as scaling operations led to perceptions of an overly controlling environment where threats to withhold promotion were used to enforce compliance. Some bands maintained long-term associations despite issues, such as Emmure's repeated renewals, highlighting the label's role in sustained visibility. Following Concord's 2019 acquisition, Victory shifted focus to catalog management under Craft Recordings, emphasizing reissues and collaborations with alumni rather than new signings, which has alleviated pressures associated with active artist development and contributed to more stable relations.[57][55][54][1]

Hawthorne Heights Dispute

In August 2006, the post-hardcore band Hawthorne Heights filed a lawsuit against Victory Records and its founder Tony Brummel in the U.S. District Court for the Northern District of Illinois, alleging fraudulent accounting practices, breach of contract, copyright infringement, trademark infringement, and invasion of privacy, among other claims.[56][58] The suit sought to terminate the band's recording contract and claimed that Victory had failed to properly account for and pay royalties owed to the band despite significant album sales, including over 1 million units of their debut The Silence in Black and White (2004) and follow-up If Only You Were Lonely (2006).[55] Hawthorne Heights accused the label of using unethical tactics, such as misleading promotional letters to the band's street team, which contributed to the decision to leave the label.[59] Victory Records responded with a countersuit in September 2006, alleging that Hawthorne Heights had breached their contract by attempting to exit prematurely and making defamatory statements that damaged the label's reputation.[60] The legal battle escalated when Victory also sued Virgin Records and EMI Music North America in November 2006, claiming tortious interference with their contract by attempting to poach the band.[61] On March 5, 2007, U.S. District Judge James B. Moran ruled in favor of Hawthorne Heights on key points, determining that Victory did not hold exclusive rights to the band's recording services, allowing them to work with other labels while still obligated to deliver two more albums to Victory to fulfill their contract.[62] This partial victory for the band was reaffirmed on May 17, 2007, when the judge denied Victory's request for an injunction to enforce exclusivity, further enabling Hawthorne Heights to pursue external opportunities amid the ongoing dispute.[63] The litigation concluded on June 6, 2008, with an out-of-court settlement that both parties described as amicable, ending the two-year conflict without further details on financial terms disclosed.[64] Hawthorne Heights' drummer Eron Bucciarelli-Tieger issued a public apology for the suit, expressing regret over the negative publicity it caused Victory and Brummel, while Brummel emphasized moving forward positively.[64] As part of the resolution, the band released their third album for Victory, Fragile Future, in August 2008, before departing the label entirely.[47] In the aftermath, Victory refiled and pursued its interference suit against Virgin/EMI in January 2008, seeking $35 million in damages for allegedly inducing the band to breach their contract after Victory had invested in their development to platinum status.[65][66]

A Day to Remember Lawsuit

On May 31, 2011, A Day to Remember filed a lawsuit against Victory Records in the U.S. District Court for the Northern District of Illinois, alleging breach of contract and seeking over $75,000 in unpaid royalties along with release from their recording agreement after delivering three albums.[67] The suit claimed that the band had fulfilled its obligations under the 2006 five-album contract by releasing For Those Who Have Heart (2007), Homesick (2009), and What Separates Me from You (2010), entitling them to exit the deal and regain control of their publishing rights.[68][69] The central dispute revolved around the contract's definition of "albums" delivered, with the band arguing that their three full-length releases satisfied the terms, while Victory Records contended that only two albums had been provided, thereby extending the band's obligations and retaining control over publishing and masters.[70][30] This disagreement also encompassed royalty payments for digital sales and merchandise, mirroring broader patterns of withheld earnings reported by other Victory artists.[71][72] After a two-week trial in November 2016, a jury ruled in favor of A Day to Remember on three of four key issues on November 26, awarding the band $4.02 million in unpaid royalties from digital downloads and merchandise sales, affirming their fulfillment of the contract, and granting retention of publishing rights, though Victory retained ownership of the master recordings.[30][71] The verdict freed the band from the label's constraints, allowing their subsequent move to Hopeless Records for the release of Bad Vibrations in 2016 and underscoring Victory's reputation for stringent contract enforcement tactics in the independent music industry.[73][68]

Streetlight Manifesto Lawsuit

In October 2015, Victory Records filed a lawsuit against Streetlight Manifesto and its frontman Tomas Kalnoky in the U.S. District Court for the Northern District of Illinois, seeking over $1 million in damages for alleged breach of contract.[74] The suit claimed the band violated a 2002 recording agreement by failing to deliver a required fourth studio album, causing production delays attributed to Kalnoky, and engaging in unauthorized activities such as performing and releasing music under solo pseudonyms like "Toh Kay."[74] Specifically, Victory disputed whether prior releases like the 2006 re-recording of Keasbey Nights (originally Catch 22 material) and the 2010 covers collection 99 Songs of Revolution: Vol. 1 counted toward the contract's obligations, and accused the band of sabotaging sales by releasing an acoustic version of the 2013 album The Hands That Thieve independently while encouraging fan bootlegging.[74] Streetlight Manifesto defended against the claims by arguing that the 2002 contract bound the band as an entity, not Kalnoky individually, and that his solo work under "Toh Kay"—including five albums from 2010 to 2014—did not constitute a breach since it was distinct from band activities.[75] In a motion to dismiss filed in 2016, Kalnoky contended that the agreement's language defined the "artist" as the group Streetlight Manifesto, and he had not refused or neglected to perform with the band, preventing Victory from invoking personal liability clauses.[75] The band further asserted that self-releases under solo names were necessary to circumvent what they viewed as overly restrictive label terms that interfered with creative control and royalty payments, amid ongoing disputes dating back to 2002 where no royalties had been received in over two years.[74] The litigation concluded amicably on April 19, 2017, when the parties reached a settlement resolving all claims without proceeding to trial.[76] Under the terms, Victory agreed to sell the masters of Streetlight Manifesto's recordings back to the band for an undisclosed sum, granting them full independence after a 15-year relationship.[77] This outcome allowed Streetlight Manifesto to operate as an artist-owned and artist-run entity, free from further label obligations.[53] The dispute exemplified a broader pattern among ska-punk artists on Victory Records seeking to exit contracts amid battles over creative autonomy and release delays, contributing to the label's reputation for rigid artist agreements.[74]

Other Specific Criticisms

In 2011, Victory Records signed the experimental deathcore band Design the Skyline, whose debut single "Surrounded by Silence" quickly drew widespread backlash within the metalcore community for closely imitating the style of Asking Alexandria, leading to accusations that the band was essentially a tribute act rather than an original entity.[78] The band themselves acknowledged the signing as a controversial move in interviews, and the ensuing hate contributed to their rapid dissolution; after releasing one album with the label, they were dropped by Victory in 2013 and announced their breakup shortly thereafter.[79] Earlier, in 2001, Thursday voiced significant grievances against Victory Records shortly after the release of their breakthrough album Full Collapse, citing underpayment of royalties and dissatisfaction with the label's marketing tactics, including the production of gimmicky merchandise like whoopie cushions emblazoned with the album's artwork, which the band viewed as undermining their serious post-hardcore image.[80][81] These issues prompted Thursday to renegotiate their contract and eventually depart for Island Records, highlighting early tensions in the label's artist relations.[80] Additional isolated grievances emerged in later years without escalating to litigation. In the mid-2000s, Atreyu audited Victory's books and discovered over $700,000 in unpaid royalties, settling for $100,000 after threatening legal action, a dispute that reflected broader concerns about inadequate financial transparency and promotion during the band's early career with the label.[55] Similarly, Aiden publicly aired complaints in 2015 regarding exploitative contract terms that limited their creative control and financial returns, though the band continued releasing music with Victory amid these tensions.[82] These cases illustrate a recurring pattern of criticisms tied to Victory Records' rapid expansion in the 2000s, when the label signed a surge of emo and post-hardcore acts following the success of albums like Thursday's Full Collapse—which sold over 300,000 copies—and invested heavily in marketing for bands such as Atreyu and Aiden, overwhelming administrative resources and leading to widespread reports of royalty discrepancies and mismanaged promotions.[55]

References

User Avatar
No comments yet.