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The Guardian - UK
The Guardian - UK
Entertainment
Nadeem Badshah

Jimi Hendrix bandmates’ estates lose court case against record label

The Jimi Hendrix Experience
The Jimi Hendrix Experience (l-r): Noel Redding, Jimi Hendrix, Mitch Mitchell. Photograph: Dezo Hoffman/Shutterstock

The estates of two of Jimi Hendrix’s former bandmates have lost a high court case against a major record label.

Owners of the estates of bassist Noel Redding and drummer Mitch Mitchell took legal action against Sony Music Entertainment UK (SMEUK), claiming they were entitled to copyright and performers’ rights.

The case related to about 40 studio recordings of the Jimi Hendrix Experience’s performances recorded in the 1960s.

Redding and Mitchell, who both died in the 2000s, formed the band with Hendrix in 1966 and the group broke up shortly before the Seattle guitarist died at the age of 27, following a drug overdose in 1970.

The two estates sought a declaration over shares in the ownership of the copyrights for the recordings themselves, and the ownership of rights related to the performance involved in making that recording.

The estates of Redding and Mitchell also sought an inquiry as to what they could have been owed.

SMEUK defended the case, denying any infringement, with lawyers for the label telling the court that it was the producers of the albums who owned the original recording copyright, not the musicians, and the estates of Redding and Mitchell are therefore not entitled to it.

In a ruling on Tuesday, Mr Justice Johnson dismissed the estates’ claims and, in a 140-page ruling, said a clause of the recording agreement was “clear and unequivocal”.

He added: “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.”

Redding and Mitchell played on the group’s three studio albums: Are You Experienced, Axis: Bold as Love and Electric Ladyland, landmarks in psychedelic rock which contain classics such as Purple Haze, Little Wing, Hey Joe and Foxey Lady.

A spokesperson said SMEUK was “thankful” the case had come to an end after more than four years, adding: “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.

“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.”

The iconic guitarist’s sister, Janie Hendrix, who is the chief executive of Experience Hendrix, the company that manages Jimi Hendrix’s brand, 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.”

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