Wednesday, December 13, 2000

311 File Suit Against Record Label (Rolling Stone)

Members of 311 filed a breach of contract lawsuit Monday against Capricorn Records, claiming their record label is jeopardizing the band's career by failing to provide them with major marketing, promotion and support for the group's most recent albums.

According to singer Nick Hexum, 311 hopes to terminate their contract because Capricorn has failed to compromise with the band "regarding any of the concerns we've had. Basically," he said, "it's irreconcilable differences.

"There's always been quite a bit of friction between us and Capricorn," he continues. "We've always kept our disputes with Capricorn private. We're musicians and would prefer to only discuss our music. We didn't even want to [file the lawsuit], but when someone refuses to compromise with you, then your hands are tied."

At issue is Capricorn's changing partnerships with its distributors, which caused 311 to be bounced around from label to label (actually, between three different label partnerships and four different record distributors). When 311 first signed with Capricorn back in 1992, the label had a joint venture agreement for distribution via Warner Bros., an arrangement that ended after the release of 311's 1993 debut, Music (which sold 525,000 copies). Capricorn then linked up with Mercury Records in 1995, and the following self-titled album hit No. 12 on the Billboard pop chart and sold 2.7 million copies. However, Transistor, the band's 1997 follow-up wasn't as successful, moving 855,000 copies.

Nearly two years ago Mercury was swallowed by the Universal Music Group, which brought Capricorn under the label group's large umbrella. 311's suit contends that when Capricorn voiced its desire to dissolve ties with Universal the distribution group became unwilling to expend much energy on Capricorn artists. Subsequently, 311's most recent effort, 1999's Soundsystem, has sold a mere 430,000 copies.

Capricorn's arrangement with Universal officially ends at the end of the month. According to Hexum, Capricorn has lagged on finding a new distributor and the band wants out. "We've written them a number of letters to that effect, and we've told them a couple of times that it wasn't working out, and that we wanted to be let off the label."

It's not just the prospect of being without distribution that bothers the band -- it's also how distribution has been procured in the past. 311's suit contends that the band, considered the label's most successful, has been used as a "bargaining chip" to get past financing, which, even then, has been scarce. As a result, "[Capricorn] has fired or otherwise lost most of its remaining staff and has lost its second and third most successful bands, Cake and Widespread Panic ," 311's suit reads. "Put simply, [Capricorn] continues to spiral towards failure, and [311] cannot withstand the damage to their careers and livelihoods by being pulled down with them."

Although 311 signed the contract in California -- which would allow them to take advantage of a California law that limits personal service contracts to a maximum of seven years -- a clause in the original Capricorn recording contract says that the agreement is governed by the laws of Tennessee. Regardless of which state's laws are applicable, 311 say that they will no longer honor the contract with Capricorn after Sept. 1.

"Our music is going to continue," Hexum says, "no matter the outcome of this lawsuit, through touring, and we're going to keep making and recording new music. We're hoping through this lawsuit to get more control of our careers, which will ultimately make creating our music for enjoyable for us, and therefore more enjoyable for our fans."

A spokesperson for Capricorn had no comment on the lawsuit. 311 kicks off their tour with Zebrahead Oct. 9.

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