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Read the full statement from Curb Records below and let us know what you think – was the court right?
The Court in Nashville has ruled in favor of Curb Records in a chapter of its lawsuit against Tim McGraw — in which, among other things, Curb Records contends that Tim is still under contract because he has not provided his Fifth Option Period Album. The Court granted Curb Records’ request to postpone the trial until it has the opportunity to take additional evidence surrounding Big Machine Records’ signing of Tim and when the 20 recordings Big Machine says it will release were made. In addition, the Court of Appeals will soon hear the appeal of the Nashville trial judge’s earlier ruling in which he found that, while it appeared Tim may have breached his Recording Agreement and had failed to deliver the Fifth Option Period Album, he would not issue an injunction pending the trial to prevent Tim from signing with a new record company until he had fulfilled his commitments to Curb Records. The Court found that even though he did not enjoin Tim from signing with another company, Tim may be liable for his failure to perform. The Court of Appeals will determine whether an injunction should have been issued.
While Big Machine Records has announced that it had signed Tim McGraw and would be releasing an album apparently from those “20 new recordings,” Curb Records believes, and has asked the Court to find, that Tim remains under contract and the “20 recordings” belong to Curb, as they were recorded during the term of Curb’s Recording Agreement.