VANCOUVER, B.C. (CN) – A recording company sued a Vancouver rock band, claiming that The Vincent Black Shadow “substantially destroyed the commercial viability” of its second album by releasing it for free online audio streaming.
Her Royal Majesty’s Records and TKO Entertainment say the band signed a two-album deal with an option for three more in 2006.
The plaintiffs say they have spent more than $960,000 on recording and marketing the group, and recouped only $279,000 from its first album.
In September 2008, The Vincent Black Shadow released its second album on their MySpace page and Web site, the studio says.
“If not for the release of the second album by TVBS on their Web page, the sales of the second album would have been much more substantial,” the studio complains. “By releasing the album to the public on their Web page, rather than through the plaintiffs’ and with the plaintiffs’ marketing support, TVBS substantially destroyed the commercial viability of the second album.”
Named as defendants are Cassandra Ford, bassist Christopher Kirkham, guitarist Robert Kirkham and drummer Anthony Kirkham. The studio seeks punitive damages.
HRM Records and TKO Entertainment are represented by Kevin D. Loo with Nathanson Schachter & Thompson.