The estates representing two former members of the iconic Jimi Hendrix Experience have lost a High Court battle against Sony Music Entertainment UK (SMEUK) over copyright and performers’ rights to the band’s 1960s recordings.
The legal action was brought by the estates of bassist Noel Redding and drummer Mitch Mitchell, who sought a declaration regarding their entitlement to shares in the ownership of copyrights for approximately 40 studio recordings made by the Jimi Hendrix Experience. They also claimed ownership of rights related to the performances involved in creating these recordings.
Mr Redding and Mr Mitchell, who both passed away in the 2000s, formed the influential band with Jimi Hendrix in 1966. The group disbanded shortly before the Seattle guitarist’s death from a drug overdose in 1970. The estates additionally sought an inquiry into potential outstanding payments.
SMEUK defended the case, denying any infringement. Lawyers for the record label argued in the High Court that the original recording copyright belonged to the producers of the albums, not the musicians, and therefore the estates of Mr Redding and Mr Mitchell were not entitled to it.
In a ruling delivered on Tuesday, Mr Justice Edwin Johnson dismissed the estates’ claims. In his 140-page judgment, the judge highlighted that a clause within the original recording agreement was "clear and unequivocal".
He stated: "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 found that the claims were precluded by releases previously signed by Mr Redding and Mr Mitchell. These documents included clauses acknowledging "full settlement of any compensation which I may have claimed".
During the trial in December, Simon Malynicz KC, representing the estates, submitted that the band was "one of the most commercially successful acts of its era". He contended that the two musicians "were excluded early on in their lifetimes" and "died in relative poverty", while the recordings have continued to be a "lucrative source of revenue" in the streaming era.
The judge acknowledged 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 noted there was no attempt to challenge the 1966 recording agreement itself, compelling him 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."
SMEUK has been utilising the recordings in the UK since 2009 and retains the right to continue doing so, as previously heard by the London court.
