A trial concerning the copyright and performance rights of 1960s guitar legend Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer ‘Mitch’ Mitchell, is to go ahead, a judge has ruled. 

Noel Redding Estate Limited and Mitch Mitchell Estate Limited say they succeeded to the rights owned by Redding and Mitchell, who died in 2003 and 2008 respectively. They are taking legal action against Sony Music Entertainment UK to establish that they own a share of the sound recording copyrights and performers’ property rights.

Sony argued the worldwide copyright of the relevant sound recordings is owned by two LLCs – Experience Hendrix LLC and Authentic Hendrix LLC – registered in Washington state. The company previously tried and failed to have the case moved to New York. Current proceedings in New York were stayed pending the resolution of the UK claim.

The latest judgment in Noel Redding Estate Limited & Anor v Sony Music Entertainment UK Limited, centred primarily on Sony’s application for summary judgment or strike out.

Describing Hendrix as ‘arguably the greatest rock guitarist ever’, Mr Justice Michael Green found the copyright and performers’ property rights claims should go to trial. Certain claims were withdrawn by the claimants and parts of the particulars of claim were struck out.

Finding that the copyright and performers’ property rights survive, the judge said: ‘I believe that the claimants have a more than arguable case that the original consent does not include consent to the present exploitation of their performers’ property rights and that this question may well involve a factual inquiry. Accordingly, those claims should be allowed to go to trial.’

He added: 'The claimants have a real prospect of succeeding on their case'.

 

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