Last year, metal labels Earache Records and Century Media Records announced a three-year deal where Century Media would handle all of Earache's physical product distribution in the US but it looks like things aren't going very well. According to the Courthouse News Service, the British metal label Earache Records has filed a lawsuit against New York-based The Century Family, an affiliate of the nonparty record label Century Media Records, claiming that the U.S. distributor owes it $250,000 in licensing fees, and broke a promise to release a catalog of hundreds of albums.

Earache claims that The Century Family breached a January 2013 agreement to market and distribute Earache's music, and attempted to escape its obligations by falsely claiming Earache had breached a three-year licensing agreement. Earache claims that of the 356 albums it delivered to Century, including 10 new releases, the company has distributed only 13 albums in the United States.

Excerpt from the complaint: "Without each album being released in the U.S. during the term of the agreement, it is impossible for Earache Records to earn royalties in the U.S. market (in this case, for several years), and fulfill its obligations to its artists,' the 17-page lawsuit states. (Parentheses in complaint.) To duck two advance payments of $125,000, Century Family's lawyers sent the British label a letter that falsely accused it of breaching the licensing agreement, the complaint states. Earache calls that a 'transparent pretext' for delaying payment. As well as defaulting on the fees, Century Family allegedly used album artwork and set release dates without Earache's approval. The U.S. company failed to account for royalties in a timely manner, Earache adds."

Earache says The Century Family is still marketing and selling Earache's records in the U.S. market. Earache Records seeks an injunction to prevent them from continuing to distribute Earache releases and $250,000 in damages.

So, that partnership went sour fast...


Source: entlawdigest.com
 
Posted: 30.03.2014 by Bad English



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Bad English - 30.03.2014 at 13:30  
I nevr liked century media and nuclear blast they more less say wht music bands have to play ....
TheCybershifter - 30.03.2014 at 15:03  
Earache's U.S. label boss Al Dawson says (January 2013): "I am over the moon with our new arrangement with Century Media. Both Earache Records founder Digby Pearson and myself have known Century Media owners Oliver and Robert for 20+ years and I couldn't think of a better team of people to be working with moving forward."

That kinda backfired.
s_t_s - 30.03.2014 at 15:37  
Don't think we need this kind of shit in metal...
qlacs - 30.03.2014 at 16:29  
Written by Bad English on 30.03.2014 at 13:30

I nevr liked century media and nuclear blast they more less say wht music bands have to play ....

Kinda agree. They never sign bands who has real talent, most bands in their roosters are shining piece of sh*t. Although I've heard a couple of times from ex-Earache bands that Digby Pearson is a greedy swine, I'd still choose Earache.
Bad English - 30.03.2014 at 16:33  
Written by qlacs on 30.03.2014 at 16:29

Written by Bad English on 30.03.2014 at 13:30

I nevr liked century media and nuclear blast they more less say wht music bands have to play ....

Kinda agree. They never sign bands who has real talent, most bands in their roosters are shining piece of sh*t. Although I've heard a couple of times from ex-Earache bands that Digby Pearson is a greedy swine, I'd still choose Earache.


some of bands are good, but many were talanted but SM and NB in some way change band, make them money but they must be what sells and Arch Enemy ... labble made them sighn female singer, band could have male and play same good DM ... but how many fans ... and who knows maybe we were saying here angels is ugly, labble maneger read and I thought White Gluz has good boobs, figure, 10 years she can be hot, lets make a deal ....
Troy Killjoy - 30.03.2014 at 16:48  
This could get interesting.
BloodTears - 30.03.2014 at 17:43  
Written by Bad English on 30.03.2014 at 13:30

I nevr liked century media and nuclear blast they more less say wht music bands have to play ....


You think Century Media and Nuclear Blast tell bands what to play? Triptykon is in CM, do you think they tell Warrior what to play? Or Deicide, Watain? And Nuclear Blast have some of the biggest metal bands out there and very diverse genres.
Bad English - 30.03.2014 at 17:45  
Written by BloodTears on 30.03.2014 at 17:43

Written by Bad English on 30.03.2014 at 13:30

I nevr liked century media and nuclear blast they more less say wht music bands have to play ....


You think Century Media and Nuclear Blast tell bands what to play? Triptykon is in CM, do you think they tell Warrior what to play? Or Deicide, Watain? And Nuclear Blast have some of the biggest metal bands out there and very diverse genres.


those old known bands no those sells, but new, they can do it and little advise, I think small bands are free indepenedt if you're big , otherwise between, medias can say we need new catchy song, new video what sucks, also like Seb Bach said, 80's you need to have a power ballad to sell a record, it was deal ... and I dont belive media's dont say or make lables , all is about money
God Buster 鬼 - 30.03.2014 at 20:04  
Written by BloodTears on 30.03.2014 at 17:43

Written by Bad English on 30.03.2014 at 13:30

I nevr liked century media and nuclear blast they more less say wht music bands have to play ....


You think Century Media and Nuclear Blast tell bands what to play? Triptykon is in CM, do you think they tell Warrior what to play? Or Deicide, Watain? And Nuclear Blast have some of the biggest metal bands out there and very diverse genres.


Agreed !
Dont bullshit Bad English, as if you work in Century Media.
But thanks for the post anyway ! What an important incident in the metal circle !!
Vombatus - 30.03.2014 at 21:13  
Written by BloodTears on 30.03.2014 at 17:43

You think Century Media and Nuclear Blast tell bands what to play? Triptykon is in CM, do you think they tell Warrior what to play? Or Deicide, Watain? And Nuclear Blast have some of the biggest metal bands out there and very diverse genres.


I wouldn't say big labels such as NB tell bands what to play, but they do have an impact on a few of them. Remember the case of Therion's Les FLeurs Du Mal where NB told Mr. Johnsson they were not going to release it coz "too risky" and he found other sources to finance the release (so the label won't accept anything from well established bands...).

Also, if you check the newer bands that get signed, they all be generic overproduced copies of easy consuming bands, so somehow if you want to be part of their roster you have to fill a few criterias (again, not for everyone, but I highly doubt they sign bands based on the music quality and artistic liberty).
BloodTears - 30.03.2014 at 21:50  
Written by Vombatus on 30.03.2014 at 21:13


I wouldn't say big labels such as NB tell bands what to play, but they do have an impact on a few of them. Remember the case of Therion's Les FLeurs Du Mal where NB told Mr. Johnsson they were not going to release it coz "too risky" and he found other sources to finance the release (so the label won't accept anything from well established bands...).

Also, if you check the newer bands that get signed, they all be generic overproduced copies of easy consuming bands, so somehow if you want to be part of their roster you have to fill a few criterias (again, not for everyone, but I highly doubt they sign bands based on the music quality and artistic liberty).


You do make a good point there. I think they are involved in the decision-making process a lot in terms of what to do with albums/how to release/market it etc. But I wouldn't go as far as saying they tell bands what to play. They just "take advantage" of what bands give them, so to speak.

As for the new bands, I have to agree that some of the signings clearly have an "agenda" or "target audience" but these labels also have good examples of promising new bands like Morbus Chron in CM which comes to mind. Don't know if they discover the bands or just give them a big hook afterwards but yes... The truth is that a lot of the bands want to be in these major labels and get more exposure. Others are content with a label that distributes their music. It depends on the artists too.
Risto - 30.03.2014 at 22:46  
Written by BloodTears on 30.03.2014 at 21:50

Written by Vombatus on 30.03.2014 at 21:13


I wouldn't say big labels such as NB tell bands what to play, but they do have an impact on a few of them. Remember the case of Therion's Les FLeurs Du Mal where NB told Mr. Johnsson they were not going to release it coz "too risky" and he found other sources to finance the release (so the label won't accept anything from well established bands...).

<snip>


You do make a good point there. I think they are involved in the decision-making process a lot in terms of what to do with albums/how to release/market it etc. But I wouldn't go as far as saying they tell bands what to play. They just "take advantage" of what bands give them, so to speak.

In a recent interview for the Serbian Nocturne magazine, Tomi Koivusaari of Amorphis apparently said that Nuclear Blast had something to do with how Skyforger sounds like. I don't think they went as far as telling them what kind of songs to write, but I can't rule that out. This interview was brought into my attention by a Serbian fan, obviously, but I guess getting a double check from Milena wouldn't hurt
Karlabos - 30.03.2014 at 23:33  
Looks like we have a new dick of the month.
SleepFan - 30.03.2014 at 23:45  
Soooo, I just bought some Nocturnus CDs through Earache's US site. My shipment won't be effected right?

Also, that sucks if what was previously mentioned was true. Your buddies at the top of another label screw you over big time. Strange things are afoot in the metal label scene.
deadone - 31.03.2014 at 01:06  
Earache are notorious for bad business though.

I remember when they re-released Bolt Thrower's Realms of Chaos, Bolt Thrower asked fans not to buy it because Earache had set it up in such a manner that Bolt Thrower would never get a single penny in royalties.

There was also issues with Morbid Angel, The Haunted and Carcass from memory, all who jumped off Earache.

The music industry is full of dodgy cunts.
Reverend X - 31.03.2014 at 01:37  
Written by Troy Killjoy on 30.03.2014 at 16:48

This could get interesting.

If there would be more lawsuit and counter lawsuits.

It's business as usual. Metal has nothing to do with this.
Troy Killjoy - 31.03.2014 at 07:14  
Written by Reverend X on 31.03.2014 at 01:37
Metal has nothing to do with this.

Since when was metal above legal disputes?
Marcel Hubregtse - 31.03.2014 at 13:42  
Written by BloodTears on 30.03.2014 at 21:50

but these labels also have good examples of promising new bands like Morbus Chron in CM which comes to mind. Don't know if they discover the bands or just give them a big hook afterwards but yes...


CM have never discovered a single band. Morbus Chron, Necrowretch were discovered by Detest records. Detest records doesn't exist anymore because Jerry Detest (real name Jérôme Maréchal) went to work full-time for Century Media. So Jerry discvered those bands and got them on the CM roster because that's where he works now.
BloodTears - 31.03.2014 at 18:50  
Written by Marcel Hubregtse on 31.03.2014 at 13:42


CM have never discovered a single band. Morbus Chron, Necrowretch were discovered by Detest records. Detest records doesn't exist anymore because Jerry Detest (real name Jérôme Maréchal) went to work full-time for Century Media. So Jerry discvered those bands and got them on the CM roster because that's where he works now.


That's what I thought. So they never actually discover the bands? Just capitalize on what is already out there?
Marcel Hubregtse - 31.03.2014 at 19:03  
Written by BloodTears on 31.03.2014 at 18:50



That's what I thought. So they never actually discover the bands? Just capitalize on what is already out there?


Yes, and like Nuclear Blast they also sign the bands that have been discarded by RoadRunner
God Buster 鬼 - 03.04.2014 at 20:07  
Written by BloodTears on 31.03.2014 at 18:50

Written by Marcel Hubregtse on 31.03.2014 at 13:42


CM have never discovered a single band. Morbus Chron, Necrowretch were discovered by Detest records. Detest records doesn't exist anymore because Jerry Detest (real name Jérôme Maréchal) went to work full-time for Century Media. So Jerry discvered those bands and got them on the CM roster because that's where he works now.


That's what I thought. So they never actually discover the bands? Just capitalize on what is already out there?


What's wrong with Helping Each Other ?
God Buster 鬼 - 03.04.2014 at 20:13  
Written by deadone on 31.03.2014 at 01:06

1) Earache are notorious for bad business though.
- Is there any proof ? or purely your imagination ?

2) I remember when they re-released Bolt Thrower's Realms of Chaos, Bolt Thrower asked fans not to buy it because Earache had set it up in such a manner that Bolt Thrower would never get a single penny in royalties.
- Did Bolt Thrower theselves sign the agreement without reading it ?

3) There was also issues with Morbid Angel, The Haunted and Carcass from memory, all who jumped off Earache.
- There're tons of bands jumping here and there. Any problem ?

4) The music industry is full of dodgy cunts.
- Which industry is not ?
God Buster 鬼 - 03.04.2014 at 20:23  
Written by Marcel Hubregtse on 31.03.2014 at 19:03

Yes, and like Nuclear Blast they also sign the bands that have been discarded by RoadRunner

RoadRunner is a good label, they discovered one of the Best Sxxxxy band in the world on my list - Slipknot !
Nuclear Blast is a good label, they signed a lot of bands actually have gone downhill in the past 10 years. No. 1 charity music label !
Vombatus - 03.04.2014 at 21:02  
Written by God Buster 鬼 on 03.04.2014 at 20:13

Did Bolt Thrower theselves sign the agreement without reading it ?


The artwork on Realm Of Chaos was owned by Games Workshop. So when Earache wanted to repress the album, them and BT asked Games Workshop to have the right to use it again (the initial deal ended in 2002), but was refused. BT did not want an alternate artwork (so no repressing), Earache not caring for it and continued anyway without the bands consentment. Quite a dickish move if you ask me....
God Buster 鬼 - 04.04.2014 at 09:51  
Written by Vombatus on 03.04.2014 at 21:02

Written by God Buster 鬼 on 03.04.2014 at 20:13

Did Bolt Thrower theselves sign the agreement without reading it ?


The artwork on Realm Of Chaos was owned by Games Workshop. So when Earache wanted to repress the album, them and BT asked Games Workshop to have the right to use it again (the initial deal ended in 2002), but was refused. BT did not want an alternate artwork (so no repressing), Earache not caring for it and continued anyway without the bands consentment. Quite a dickish move if you ask me....


I see, usually band's members have no say in the management, what can they do is giving opinions. It's music label's discretion to accept it or not. I really don't think this's a big deal.
deadone - 07.04.2014 at 02:46  
Written by God Buster 鬼 on 04.04.2014 at 09:51

I see, usually band's members have no say in the management, what can they do is giving opinions. It's music label's discretion to accept it or not. I really don't think this's a big deal.




It's a big deal for the band who get no money from sales of the albums featuring their music!

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