Bitter blow for Jimi Hendrix bandmates’ families as High Court throws out claim over ‘millions’ in music rights

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 around 40 studio recordings of the Jimi Hendrix Experience’s performances recorded in the 1960s.

Mr Redding and Mr 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 following a drug overdose in 1970.

Read More: Jimi Hendrix bandmates 'died in poverty' while record companies made millions, court told

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 Mr Redding and Mr 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 High Court that it was the producers of the albums who owned the original recording copyright, not the musicians, and the estates of Mr Redding and Mr Mitchell are therefore not entitled to it.

In a ruling on Tuesday, Mr Justice Edwin Johnson dismissed the estates’ claims.

In a 140-page ruling, the judge said a clause of the recording agreement was “clear and unequivocal”.

He continued: “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 the claims were precluded by releases signed by Mr Redding and Mr 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 have 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”.

The judge later said that there was no bid to challenge the recording agreement made with the producers in 1966 and so he had to “construe the recording agreement as it was entered into”.

He continued: “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 used the recordings in the UK since 2009 and maintains the right to continue doing so, the court in London previously heard.

A spokesperson said SMEUK was “thankful” that 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.

“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 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.”