"I got cut out" - Lessons from Zone 4 vs. Kane Brown

If you have been in the music industry for any significant time period, you already get the title line from this post. You've seen it or done it or been on the "out" side looking in. The business may be one we love, but it also has its dark, cutthroat side.

Maybe that is why no one in showbiz is eager to know a lawyer. Unless you need one, that is.

My first reaction on social media when I learned from The Tennessean that Zone 4, Inc. had sued Kane Allen Brown in the Northern District of Georgia was to suggest that the parties head for mediation. Given the nature of federal litigation, it is a good bet that mediation will at least be attempted. Probably judicial settlement conferences of some sort, as well. Given the nature of the expense of federal litigation, it is not a bad idea for either party.

A director and officer of Zone 4 is producer Jamal Jones p/k/a Polow Da Don. According the the complaint filed by the corporation, the professional resume is quite impressive though not country in nature: Usher, Pitbull, Rihanna, Fergie, etc. On or about July 22, 2015, the two parties executed a recording agreement which called for an initial minimum recording commitment of five masters, a shopping period for distribution, and five renewal terms. An advance and percentage of royalties were also deal terms.

According to Wikipedia, it was not long after pens hit paper on this contract that Brown first saw some daylight on the Billboard country chart. "Used to Love You Sober" released on Brown's 22nd birthday - October 21, 2015 - and went to number 15. By the time the calendar turned to the year 2016, Brown was close to a record deal with Sony.

The Zone 4 complaint alleges that Polow Da Don had initiated meetings with Sony as a possible distributor via Epic Records. It was alleged that Brown's team had pitched him unsuccessfully to Sony prior to the Zone 4 contract. Hence the deal with Zone 4 for artist development and production to move Brown's career forward in a more tangible fashion.

In any event, it did not take long for Brown to catch on to country radio and the charts. In the world of entertainment, the actual impact of Zone 4 on Brown's career could be called into question since that deal was executed in July of 2015 and Brown hit the charts about ninety days later. 

However, a contract is a contract, and attention to detail perhaps was lacking in the euphoria of a Top 40 hit and the signing of Brown to Sony for exclusive recording services. Brown also signed a music publishing administration deal with Universal Music Publishing Group.

The Zone 4 complaint requests a legal remedy known as specific performance. Specific performance compensates a party via court order where money damages would be inadequate. Zone 4 requested that a federal jury be impaneled to decide the case. I don't see a jury awarding specific performance in this sort of situation given the logistics of the facts and the intangibles.

A more realistic count of the complaint is the allegation of breach of the covenant of good faith and fair dealing, which Georgia law imposes on every party to a contract.

An expert in music business and accounting no doubt will be required to analyze the damages and to testify before the jury. In fact, two such experts may be required for each respective side.

"Cutthroat" and "cut off" simply lead to "courtroom" - as in litigation. Polow Da Don may be skilled and shrewd in his craft but may also have a thing or two to learn about Nashville industry culture. The upshot is that he likely would be entitled to some form of damages in this case. Getting there could be costly and could have long-term career implications. Even with a pop producer from Atlanta.

So my analysis for now is similar to what it was when I read the Tennessean article: 

1. Pay attention to detail in all phases of professional development.

2. Utilize the remedy of mediation.