The estates of two of Jimi Hendrix's former bandmates have lost a High Court claim against Sony Music Entertainment UK over rights linked to recordings by The Jimi Hendrix Experience.
Companies representing the estates of bassist Noel Redding and drummer Mitch Mitchell brought legal action against Sony, claiming they were entitled to copyright and performers’ rights in relation to around 40 studio recordings made by the band in the 1960s.
Redding and Mitchell, who both died in the 2000s, formed The Jimi Hendrix Experience with Hendrix in 1966. The group broke up shortly before Hendrix died in 1970, aged 27.
The estates sought a declaration over shares in the ownership of the copyright in the recordings, as well as rights relating to the performances involved in making them. They also sought an inquiry into what they could have been owed.
Sony Music Entertainment UK defended the claim and denied any infringement. Lawyers for the company told the High Court that the original recording copyright belonged to the producers of the albums, not the musicians, and that the estates were therefore not entitled to it.
In a ruling on Tuesday, Mr Justice Edwin Johnson dismissed the estates’ claims.
In his 140-page judgment, the judge said a 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 found that the claims were precluded by releases signed by Redding and Mitchell, which included clauses acknowledging "full settlement of any compensation which I may have claimed".
During the trial in December, Simon Malynicz KC, for the estates, said in written submissions that the band was "one of the most commercially successful acts of its era".
He said the two musicians "were excluded early on in their lifetimes" and "died in relative poverty", while the recordings had continued to be a "lucrative source of revenue" in the streaming era.
The judge said he was prepared 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 later said there was no bid to challenge the recording agreement made with the producers in 1966, meaning he had 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 previously heard that Sony Music Entertainment UK has used the recordings in the UK since 2009 and maintains the right to continue doing so.
A spokesperson said Sony Music Entertainment UK and Experience Hendrix were "thankful" that the case had come to an end 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."
Hendrix’s sister Janie Hendrix, who is 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
