Last April we reported on a lawsuit Chris Daughtry’s former bandmates were bringing against him for for compensation and royalties for several songs on his first and second albums.

An update on that case from the news-record.

Today a federal judge has declined to dismiss a lawsuit filed by former bandmates against local singer and former “American Idol” contestant Chris Daughtry.

The judge also ruled that the case be sent from U.S. District Court back to Guilford County Superior Court where the case was originally filed.

Bassist Ryan Andrews, drummer Scott Crawford and guitarist Mark Perry claim that several songs on the American Idol season 5 alum’s 2006 self-titled album and his 2009 album Leave This Town, featured music and lyrics from a 2005 Absent Element album, “Uprooted.” They also claim they helped Chris co-write Daughtry’s smash hit “Home.”

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  • bridgette12

    Well, if they can prove their claim, then I hope they get their money.  

  • lizland

    If true, it’s pretty terrible of Chris D.  

    It seems these things are never black and white though.  so who knows if there is anything to this.

  • Incipit

    Wow. This has been hanging fire since last April, mj – I didn’t realize it had been so long.  Almost a year later, and there is only a ruling on the dismissal – a long way yet to go. No wonder so many people tend to settle law suits out of court.

    Very specific allegations – and, as bridgette12 says – if it is provable that music and lyrics were transplanted without credit or royalties, then settling sounds wise. IMO.

  • bridgette12

     That’s the thing about being in a band and writing together, how do you determine how much input certain individual had in the creation of the songs. That would be hard to break down when it comes to the division of royalties from the songs sold. It sounds like a headache, but I hope it get’s settled and I’m looking forward to some new music from Daughtry, hopefully that rocks more than the last album.

  • DaisyMagnolia

    Situations like this are always confusing to me.  They rarely are what they appear to be.  One thinks it’s OK to do something, they think the others are fine with it, and then someone gets sued.

    That’s why it best to get everything in writing upfront.

  • breakdown

    Well, I wouldn’t call it a victory yet and this whole thing is hard to understand. It would seem like RCA would have vetted all of this.

  • irockhard

    Well this just goes to show that it’s better for Idols with band history to start with a clean slate when they get signed post show.

  • http://twitter.com/cara_lee pj

    Got no clue who is in the right or wrong here.   Could he have cheated them?  Sure.  Could they be jealous they didn’t get to join is new band and enjoy his post-Idol success?  Sure.  He had no issue giving Ace credit for re-working the chorus to “It’s Not Over.”  Things that make you go hmmm…

  • girlygirltoo

    This is a good illustration of why when you are in a band, the members often all get equal credit for songwriting regardless of who actually does what. If there are 4 people in the band, they each get 25%, if there are 5 band members, they each get 20%, etc.

    I have been told the following by several professional songwriters: There is an unwritten rule in this business — if someone is in the room when the song is being written, he or she gets a %. of the royalties. 

  • mmb

    Prevailing on a motion to dismiss just means that the case gets to go forward — on such a motion the court has to assume that all of the allegations in the complaint are true. This case has a long way to go until one side or the other prevails.  And the case will likely settle at some point.  Most cases do.