Five Finger Death Punch - Sued By Prospect Park Label
More battles in court! Prospect Park Records has thrown a punch. Five Finger Death Punch are being sued by the label claiming that they failed to record a greatest hits album and a new record, according to Courthouse News Service. A record producer claims, among other things, that three members of the band are "shamelessly attempting to cash in before the anticipated downfall of their addicted bandmate."
Prospect Park says: "Regrettably, with the encouragement of their entertainment lawyer and business manager, the members of FFDP have unequivocally repudiated their contractual obligations to permit Prospect Park to determine the recording elements of a new record and a greatest hits record. In doing so, the members of FFDP are shamelessly attempting to cash in before the anticipated downfall of their addicted bandmate."
Prospect Park says the band signed a four-album contract in December 2012, with the first set for release in April 2013. Recording for the fourth album was to start this June. When Prospect asked the band to deliver two new masters for a greatest hits record, the band refused and insisted on recording it for a different producer out of concern for lead vocalist Ivan Moody, according to the complaint.
The producer says Moody has struggled with alcohol abuse, and that his "escalating substance abuse is placing both the future of FFDP, and indeed his life, at risk."
The complaint continues: "FFDP's own words demonstrate this fact: (a) a November 28, 2015 text that the 'writing is on the wall,' and that, 'it's a matter of time before [Ivan] hits the wall ? and once he does ? it will be too late to sell;' (b) a December 3, 2015 email stating: 'if Ivan does something stupid ? dies ? goes away to jail ? then the catalog is a bust ? then we won't be able to sell and we'll be trying to salvage what we can ? IF we can...so to me it's imperative to make a move and sell," the complaint states.
Other texts refer to Moody as a "ticking time bomb" threatening the band's prospective eight-digit paycheck, and recent messages stated that he checked in to an in-patient rehab facility, according to the complaint. Prospect claims the other band members are throwing Moody under the bus and rushing to record the next album to capitalize on sales. Since acceding to the band's demands, Prospect says, sales have declined, radio producers complain about their stale sound, and none of their albums have gone platinum or multi-platinum.
The band's attorney say they have the right to terminate the contract if Prospect does not let FFDP record the fourth album how they want, but the contract states otherwise, according to the complaint.
Prospect seeks declaratory judgment that the band breached contract, that it has no right to terminate its prospect, an injunction, and compensatory damages for anticipatory breach of contract and breach of faith and fair dealing.
Meanwhile, Five Finger Death Punch has announced a new tour with Shinedown with special guests Sixx:A.M. and support from As Lions.
Prospect Park says: "Regrettably, with the encouragement of their entertainment lawyer and business manager, the members of FFDP have unequivocally repudiated their contractual obligations to permit Prospect Park to determine the recording elements of a new record and a greatest hits record. In doing so, the members of FFDP are shamelessly attempting to cash in before the anticipated downfall of their addicted bandmate."
Prospect Park says the band signed a four-album contract in December 2012, with the first set for release in April 2013. Recording for the fourth album was to start this June. When Prospect asked the band to deliver two new masters for a greatest hits record, the band refused and insisted on recording it for a different producer out of concern for lead vocalist Ivan Moody, according to the complaint.
The producer says Moody has struggled with alcohol abuse, and that his "escalating substance abuse is placing both the future of FFDP, and indeed his life, at risk."
The complaint continues: "FFDP's own words demonstrate this fact: (a) a November 28, 2015 text that the 'writing is on the wall,' and that, 'it's a matter of time before [Ivan] hits the wall ? and once he does ? it will be too late to sell;' (b) a December 3, 2015 email stating: 'if Ivan does something stupid ? dies ? goes away to jail ? then the catalog is a bust ? then we won't be able to sell and we'll be trying to salvage what we can ? IF we can...so to me it's imperative to make a move and sell," the complaint states.
Other texts refer to Moody as a "ticking time bomb" threatening the band's prospective eight-digit paycheck, and recent messages stated that he checked in to an in-patient rehab facility, according to the complaint. Prospect claims the other band members are throwing Moody under the bus and rushing to record the next album to capitalize on sales. Since acceding to the band's demands, Prospect says, sales have declined, radio producers complain about their stale sound, and none of their albums have gone platinum or multi-platinum.
The band's attorney say they have the right to terminate the contract if Prospect does not let FFDP record the fourth album how they want, but the contract states otherwise, according to the complaint.
Prospect seeks declaratory judgment that the band breached contract, that it has no right to terminate its prospect, an injunction, and compensatory damages for anticipatory breach of contract and breach of faith and fair dealing.
Meanwhile, Five Finger Death Punch has announced a new tour with Shinedown with special guests Sixx:A.M. and support from As Lions.
| courthousenews.com | |
| Band profile: | Five Finger Death Punch |
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