This is a strong move by QuestionMark’s Kevin Luciano. AML artists, if a label has an issue with you breaching its contract, if you walk out on the label and attach yourself to other third parties, both you and the third party can be sued.
In this instance, Luciano exercises this legal right by suing under causes of action for breach of contract against Harrysong and also a tortious interference of his contractual relations with Harrysong, the lawsuit against KCEE. If you are the third party i.e. KCEE, you do not want any legal encumbrances just because you want to sign a new artist, in addition to the bad publicity that comes with signing an artist who allegedly cannot keep his end of the bargain. However, at the end of the day, it is your entertainment business and you will need to do the applicable risk analysis to figure out whether it is worth the headache to mess with another man’s property, figuratively speaking.
For the AML artist, be sure to talk to an entertainment lawyer if you find yourself in a situation where an ex- label is threatening a lawsuit against you. The same goes for the label. You should contact an attorney to determine the sense it makes in pursing a lawsuit.
If you are an artist that has been served with a summons and complaint i.e. the lawsuit has been filed, at this stage, you need to find a trial attorney i.e. lawyers that handle trials. It would be helpful if the lawyer does both the transactional (contract negotiations and drafting) and litigation (trial work) that way they are not only focused on litigating the case.
“QuestionMark Entertainment boss, Kelvin Luciano, has filed a N20m suit against KCEE’s Five Star Music.
The suit was filed against singer Harrysong for allegedly evading his contract with QuestionMark, and against Five Star Music for entering into a new contract with Harry Song despite knowing that he was yet to serve out his contract with his former label.
According to a statement signed by Luciano, ’QuestionMark Entertainment was into separate exclusive music recording, artist management and music publishing contracts with HarrySong in 2009. The obligations of parties to the said contracts have neither lapsed nor have they been fulfilled.’
NET investigations revealed that the contracts, along with all attendant rights and liabilities of the parties thereto, therefore still subsist since the contract was supposed to last for five years.
A source from QuestionMark’s camp told NET that before the suit, Luciano had expended all efforts and means to reach an amicable settlement with Harry Song and KCEE’s Five Star Music.
‘It is because of their nonchalant attitude that we have decided to take the matter to court since they were not ready to sit and talk it out,’ the source, who requested anonymity, said.
Responding to the suit, Soso Soberekon who doubles as an exec at Five Star Music and KCEE’s manager denied receiving any court injunction on the matter. . . ”
-Thenetng.net has the full story.
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