Tim McGraw Files Countersuit Against Curb Records
In response to the breach of contract lawsuit Curb Records filed against Tim McGraw concerning his still unreleased 'Emotional Traffic' album, the country singer has filed a countersuit against the label. According to Billboard, McGraw is seeking "advance payment and recording-fund reimbursement, unspecified damages, and a jury trial." In addition to this, McGraw's suit also asks that 'Emotional Traffic' be his last album with the record label, and that McGraw is "free to begin recording for himself or any other party as of July 23, 2011."
As it was recently reported, Curb Records filed a breach of contract suit against McGraw, claiming he recorded his upcoming studio album in a time frame that violated his deal with Curb. After McGraw delivered 'Emotional Traffic' to the label execs, they hit him with the lawsuit, claiming that the tracks were recorded "in a transparent tactic to attempt to fulfill his contractual recording commitment to Curb prematurely in breach of the recording agreement."
McGraw's deal with Curb requires the country superstar to record "topical and new" tracks and that his new material is delivered "no earlier than 12 months and no later than 18 months" than his previous record. The label has claimed that McGraw recorded 'Emotional Traffic' "in 2008 or before," which is a prohibited time frame according to their contract.
McGraw's countersuit, which was filed on May 23 in Davidson County Chancery Court in Nashville, claims that 'Emotional Traffic' was recorded and mastered in early 2009-2010. The suit also says that the "repeated serial releases of what [Curb Records] characterizes as greatest hits albums is obviously a naked attempt to create a perpetual recording contract, forcing Tim McGraw into a repressive environment of indefinite duration." Curb has released seven McGraw compilations, with six of them being released between 2006 and 2010.
The countersuit continues that, since 1997, Curb has never turned down any of the 108-plus master recordings that McGraw has brought to the label. It also claims that Curb's release of a compilation album extends the time frame of delivery to 24 months. Among various charges of "bad faith," McGraw's countersuit also hashes out in great detail why McGraw believes 'Emotional Traffic' should be his final album with the label, and that Curb "enticed agents for Mr. McGraw to present the unfinished rough mixes [of 'Traffic'] under false pretenses ... to avoid paying [McGraw] the advance." On top of all of this, the countersuit also claims that Curb has caused strain to McGraw's business relationships, including "various entities regarding his Emotional Traffic tour" and "created a void" of McGraw's music on country radio.
A representative for McGraw recently released a statement, saying,"The label is holding ['Emotional Traffic'] hostage from country music fans in an attempt to force Tim McGraw to serve perpetually under a contract that he has already fully and faithfully completed. The only song Curb has released from the album, ‘Felt Good on My Lips,’ was a multi-week No. 1 hit."