Prosthetic Records Takes Razor & Tie to Court

Posted on Jan 20th 2010 9:00PM by Chris Harris Comments

Lawyers representing heavy metal label Prosthetic Records, home to acts such as All That Remains, Gojira, Kylesa, Skeletonwitch, Through the Eyes of the Dead and Withered, filed a lawsuit against label Razor & Tie last week in the U.S. District Court in the Southern District of New York, alleging that the latter breached the terms of a distribution deal it had with Prosthetic.

According to reports, the suit stems from a disagreement between both sides regarding the expiration date of Prosthetic's contract with Razor & Tie. Prosthetic claims in the suit that its distribution agreement with Razor & Tie expired on Jan. 1, but Razor & Tie maintains the agreement has not expired.

Prosthetic also claims Razor & Tie failed to meet the terms of the distribution agreement, and claims it didn't deliver 10 out of the label's 12 recent releases to digital outlets in a timely fashion. In fact, the suit further alleges that Skeletonwitch's 2009 LP 'Breathing the Fire' was never distributed to Canadian retailers or Canada's iTunes.

In addition, the suit contends Razor & Tie failed to render proper and accurate accountings to Prosthetic, including, but not limited to, failing to properly account for bulk CDs and digital revenue and reserves, and that the digital copies of Prosthetic releases were distributed to foreign territories outside the authorized territory of the distribution agreement.

According to the suit, Prosthetic is seeking release from its contract and damages of no less than $100,000, plus interest. Razor & Tie has not commented on the suit, and according to one spokesperson, "does not comment on pending litigation."

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