I'm shocked that someone is shocked that the contract they blindly signed in hopes of making it rich suddenly has that contract used against them.

/get a lawyer before signing a contract

Either,

a) he signed a contract to that effect, so he is a dumbarse for thinking it is void just because he wants it to be

or

1) he didn't, amd Idol is a dumbarse for thinking they own him.

Pretty simple really.

I am betting on option a).

* checks TFA *

Yup. Thought so. Guy is a dumbarse whining biatch who needs to STFU and GTFO.

Could one of our Fark pseudo-lawyers tell me if this falls under Sullivan anti-trust or Sherman anti-trust?

Warner Bros is no mom-and-pop operation. It's part of WMG, a three billion dollar operation. They are big boys and can handle themselves.

The contract itself, at least how it existed in 2002, is reviewed here. (clicky-pop) In this version, only the finalists are slave-for-life. Even if the contract has changed, Warners has many options, from a payoff (Look! Free money!) to pushing the idea that the "right of first refusal" had been exercised when Simon Fuller failed to actually manage or merch the kid, and Sony failed to sign or record him.

And then there is the nuclear option... If Warners can get a court to invalidate the contract, everyone goes free. And Fuller has nothing. Will Fuller take that risk?

... And a little googling shows that attorney Jess L. Rosen got Clay Aiken out of the big bad contract, and got Mario Vazquez at least part way out. So it has been done before.

"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side."

-Hunter S. Thompson

If you are any good, don't go on American Idol. Don't subject yourself to humiliation and corporate slavery. If you would just work hard and carve out a solid Indy fan base you will probably make some money and not die in a gutter somewhere with no friends and no money.

styckx: I'm shocked that someone is shocked that the contract they blindly signed in hopes of making it rich suddenly has that contract used against them.

/get a lawyer before signing a contract

The kid was homeless. I don't think he really had the cash for a lawyer. Of course, now that he's a possible moneymaker, the pimps want a piece of him.

whoa...that contract makes it seem like:

"after us, you can no longer work for anyone else. and no, we will not hire you again. good luck with that.

p.s., if someone does hire, we will sue you."

I love all the garage guitar heroes here calling the homeless kid a dumbass for trying to go on American Idol...Like ANY of you wouldnt try it if given the opportuniy...

"Oh, I see, I'm not hip on this contract, dude, so you go back to your show, which I hear is the most watched on earth, and I'll stay right here in my garage".

Ummm yeaaaah.

does anybody here besides me think this is just marketing. I would bet that WB knows excataly what the dude signed...and was hoping to get sued....just for the free advertisment.

I went on his myspace page and I can say this kid is truly talented; his songs and voice are wonderful. Wow.

Speaking as a non-lawyer, I think the kid has a case.

I don't think AI can prevent him from recording with someone else if they had no intention of doing so themselves. Legally, I don't think you can prevent someone from working and if you do, you lose big in court. A case can be made that he can't work on a successful level without a record and AI is preventing him from doing so.

It would be like enforcing a contract that you signed as a kid that you will only work for one employer, but the employer won't give you a job. You can't enforce that type of contract.

When you look at this crap - along with people along the lines of Jennifer Hudson - you get the idea that the AI people have no idea what they are doing except selling Rejection TV.

/American Idol fan

Farkomatic: Speaking as a non-lawyer, I think the kid has a case.

I don't think AI can prevent him from recording with someone else if they had no intention of doing so themselves. Legally, I don't think you can prevent someone from working and if you do, you lose big in court. A case can be made that he can't work on a successful level without a record and AI is preventing him from doing so.

It would be like enforcing a contract that you signed as a kid that you will only work for one employer, but the employer won't give you a job. You can't enforce that type of contract.

When you look at this crap - along with people along the lines of Jennifer Hudson - you get the idea that the AI people have no idea what they are doing except selling Rejection TV.

/American Idol fan

Yes, yes you can. Labels do it all the time.

If you haven't observed it happening yet, you probably will soon: you become a fan of a band on a major. They put out a record that you like a lot that, nonetheless, doesn't sell all that well.

They go into the studio and record a follow-up. You hear that there's arguments with the label, there's an ever-shifting release date, the band starts out saying things like "we're just waiting for the label" and then stops saying anything about it at all.

That's because the label is sitting on the record, and has refused to release it, the band will not record another, and the band is not free to go to another label.

It happens all the time. Sometimes it ends with the band being dropped and taking the record to another label (Wilco), sometimes it ends with a bizarre turn of events or a namechange (Prince), and sometimes it ends with the band falling into obscurity and, ultimately, breaking up (Jawbox).

None of the bands I used in that last paragraph are even particularly obscure. Josiah is, if he doesn't luck into a good lawyer, pretty scrod.

I admit to watching the first several AI episodes for the absolute epic trainwrecks. This kid was the second most talented kid of the season, but started balling like a little bi*ch and was let go for obvious maturity (or total lack thereof) reasons.

februarymakeup:
Yes, yes you can. Labels do it all the time.


Your example has nothing to do with this guy's situation. No record exists. If they sat on his recording because it sucked and he was under contract to produce something listenable, ok - they are not preventing him from working. In this case, they are preventing him from working - not selling bad records. He can't record with AI, he can't record with another label, and he doesn't get a dime. It won't hold up in court.

American Idol and the record company didn't offer him anything. What's he supposed to do, give up?

I think the registration went like this:
"You'll be a star just sign your name here, here, and here. Initial here and here. NEXT"
"Yes, now I wont be homeless"

Anyone else think it is funny his last name is Leming?

//link to hotness

unfarkingbelievable: I went on his myspace page and I can say this kid is truly talented; his songs and voice are wonderful. Wow.

I can't believe I'm gonna say this about an American Idol contestant, but you're actually right. It's also probably why he didn't go very far on the show. For a pretty young kid, he seems to have some song writing talent, and the producers most likely didn't enjoy that he would be hard to mold into their idea of what a successful artist is.

I found this video on his myspace page, and he's a lot better than I expected.
Link (new window)

Ahhh...nothing like 'TV' dictating which music sells, radio networks controlling live venues, and douchebags like Simon dictating what gets produced.

It's pathetic.

Labels sitting on records and not releasing people from their contracts is part of why they're doomed. Though they like taking losses, lightens the tax bill. Which is why they make sure to have tons of losses to write off. Just like film studios.

I think Springsteen had a similar issue like this after Born to Run came out back in the 70's. I believe he wrote songs for other people until he could record again, I could be wrong. . .

unfarkingbelievable: I went on his myspace page and I can say this kid is truly talented; his songs and voice are wonderful. Wow.

Wasn't this the asshat that dismissed the band to sing an out of tune, soulless and totally whitebread version of "Stand by Me"?

He's not half as talented as he thinks he is.

DrRatchet: ... And a little googling shows that attorney Jess L. Rosen got Clay Aiken out of the big bad contract, and got Mario Vazquez at least part way out. So it has been done before.

You googled Clay Aiken? Ewwwwwwwwww!

If they have no desire to sign and record him why do they care? If they have no faith in the kid who should they care if some other record company puts out when they obviously thought and still think isn't a good product.

I mean if they wanted to sign him and he went with someone else then I'd say the kid is an idiot. You signed the contract deal with it. But to say no we want nothing to do with you but cause of this contract you can never release music again is kinda prickish.

DoblerMeyer: unfarkingbelievable: I went on his myspace page and I can say this kid is truly talented; his songs and voice are wonderful. Wow.

I can't believe I'm gonna say this about an American Idol contestant, but you're actually right. It's also probably why he didn't go very far on the show. For a pretty young kid, he seems to have some song writing talent, and the producers most likely didn't enjoy that he would be hard to mold into their idea of what a successful artist is.

I found this video on his myspace page, and he's a lot better than I expected.
Link (new window)

Actually, he didn't get farther because he cracked under the pressure of the second round of auditions, big time (not that it isn't understandable, being so young and having so much riding on it). I thought they'd keep him on but he screwed it up so royally in his last song he snatched defeat from the jaws of victory.

I hope he gets his way - as has been said before, the kid had a good voice and wrote some nice songs. Wouldn't mind catching him on the radio now and then.

/seriously, if you're going to do the last song a capella, have an amazing set of pipes and atomic-clock precise meter.