Jimi Hendrix bandmates lose rights claim in High Court

A High Court judge has thrown out a claim by the estates of two former Jimi Hendrix bandmates, handing Sony Music Entertainment UK a victory in a long-running dispute over recordings by The Jimi Hendrix Experience.

Companies acting for the estates of bassist Noel Redding and drummer Mitch Mitchell had sued Sony, arguing they held copyright and performers’ rights connected to about 40 studio recordings made by the band during the 1960s.

Redding and Mitchell, both of whom died in the 2000s, joined Hendrix to form The Jimi Hendrix Experience in 1966. The band split shortly before Hendrix died in 1970 at the age of 27.

In the case, the estates asked the court to declare that they were entitled to shares in the copyright ownership of the recordings, along with rights tied to the performances captured on them. They also sought an inquiry into any sums they might have been due.

But in a ruling on Tuesday, Mr Justice Edwin Johnson rejected the claims.

In his 140-page judgment, the judge said the relevant clause in the recording agreement was “clear and unequivocal”.

He said: “The producers and the band members agreed that the producers would have the copyright throughout the world in the recordings… There was no temporal or territorial limitation to this agreement.”

Mr Justice Edwin Johnson also concluded that the claims were blocked by releases signed by Redding and Mitchell, which contained wording acknowledging “full settlement of any compensation which I may have claimed”.

At the trial in December, Simon Malynicz KC, representing the estates, said in written submissions that the band had been “one of the most commercially successful acts of its era”.

He said the two musicians had been “excluded early on in their lifetimes” and “died in relative poverty”, even as the recordings remained a “lucrative source of revenue” in the streaming era.

The judge said he was willing to accept that “modern methods for the delivery of music”, including digital downloads and streaming, “were not known or foreseen in the music industry at the time when the recording agreement and the releases were entered into”.

However, he went on to say there had been no attempt to challenge the recording agreement entered into with the producers in 1966, meaning he was required to “construe the recording agreement as it was entered into”.

He added: “It may be that its terms were unfair to the band members. It may be that its terms can be described in even more trenchant form.”

The court had earlier heard that Sony Music Entertainment UK has used the recordings in the UK since 2009 and says it retains the right to continue doing so.

A spokesperson said Sony Music Entertainment UK and Experience Hendrix were “thankful” the litigation had ended after more than four years.

“They are also pleased that the High Court confirmed that there has been no infringement of any rights and that they are fully entitled to exploit their rights in The Jimi Hendrix Experience catalogue,” the spokesperson said.

“While technological developments have, of course, had a significant impact on the music industry, it is important that where clear and comprehensive agreements have been made, they are honoured by the parties who have agreed them and their successors.

“Experience Hendrix, in particular, is pleased to have had its chain of title to the rights in The Jimi Hendrix Experience catalogue confirmed by the High Court and looks forward to continuing to work closely with Sony Music to bring this exceptional music to the world.”

Janie Hendrix, Hendrix’s sister and the chief executive of Experience Hendrix, said: “I have nothing but positive memories of Noel and Mitch.

“Experience Hendrix’s longstanding relationships with both reflect a consistent commitment to honouring and supporting the musicians who were part of Jimi Hendrix’s history.”

Source: Press Association