19 year old Josiah Leming, who didn’t make the top 24 on American Idol, may be facing a legal battle over the release of his debut album.

Leming had just announced that his debut album with Warner Brothers’ Reprise Records would be out early in 2009, but the album may be in violation of his American Idol contract.

All Idol contestants, whether they win or lose, are required to sign a contract that states that they can only record with Sony/BMG and gives exclusive rights of refusal for management and merchandising to producer Simon Fuller’s 19 Entertainment.

This means that even though Sony/BMG may not want to release an album with Josiah Leming, he is forbidden to go any where else.

According to the Post Leming “received an official letter form ‘Idol’ threatening legal action if he puts out his record in  January as planned. ”

Leming’s lawyer responded to the ‘Idol’ letter, but has not heard back from them yet.

An unknown rep for Leming said,

Josiah was the only ‘Idol’ contestant ever to get a record deal who didn’t make the top 24, and one of only four contestants to get a deal this year.  He has personal reason for getting his music out, threat or not.

The rep added that Leming is “racing the clock” due to the fact that his mother has terminal cancer, and “nothing is going to stop him from getting his music out while she is alive to share it.”

Here is a clip of Josiah on American Idol for those of you who forgot who he was.

I think it is ridiculous that the losing contestants have are bound tohttp://www.hollywire.com/wp-content/uploads/2008/10/josiah.jpg a contract.  American Idol, Sony/BMG and 19 Entertainment make enough money off the winners.  Why do they keep the loser bound to contracts when they know they are not going to give them an album?  Let them go else where to claim their fame.

What do you think?