Estates of Hendrix bandmates ‘excluded’ from streaming rights, court told

Jimi Hendrix’s former bandmates “died in relative poverty” while streaming now provides a “lucrative source of revenue” for major labels, the High Court has been told.

Owners of the estates of bassist Noel Redding and drummer Mitch Mitchell are taking legal action against Sony Music Entertainment UK (SMEUK).

They say they are entitled to copyright and performers’ rights on three albums by the Jimi Hendrix Experience – Are You Experienced, Axis: Bold As Love, and Electric Ladyland – recorded in the 1960s.

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

SMEUK is contesting the claim.

At the start of a trial on Tuesday, Simon Malynicz KC, for the estates of Mr Redding and Mr Mitchell, 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 barrister added: “Since their passing, their successors, who might normally be entitled to a share of the revenue via these inheritable property rights, have also been excluded throughout.”

He also said that the pair were not marginalised by Mr Hendrix himself, but by the administrators of his estate as well as legal proceedings and “yet again by a major multinational which refuses to recognise or remunerate their copyright and performers’ rights”.

A recorded song has multiple types of copyright – those that relate to the musical and lyrical composition and those relating to the sound recording itself.

There are also rights relating to the performance of the musicians involved in making that recording.

Mr Malynicz said it is the copyright relating to the sound recording and the performance rights that are in dispute at trial.

He said: “This court can now ensure not only that justice is done to the memory of Noel Redding and Mitch Mitchell, but it can also give effect to James Marshall Hendrix’s wishes.

“For surely, he would have wanted his fellow musicians to receive everything to which they are entitled.”

Robert Howe KC, for SMEUK, said in written submissions 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.

He also said that the predecessors to the musicians’ estates had relinquished their rights to the songs and “expressly authorised the defendant’s predecessors in title to do all of the acts of which complaint is made”.

The barrister referenced claims brought by Mr Redding and Mr Mitchell in the 1970s in New York, which resulted in 100,000 US dollars and 247,500 US dollars being paid to each, respectively.

They also “did not seek” to prevent Mr Hendrix’s estate from using the recordings or performances during their lifetimes, “despite maintaining close ties to Jimi Hendrix’s heirs and those managing his legacy”, Mr Howe added.

SMEUK has used the recordings in the UK since 2009 and it maintains the right to continue doing so.

In asking the court to dismiss the claim, Mr Howe said: “In essence, what the claimants have done in this action is the equivalent of suing the sub-tenant of one room in a house for trespass, as a device to try to obtain a declaration as to their alleged ownership of the house.”

The trial, before Mr Justice Edwin Johnson, is due to conclude on December 18 with a judgment expected in writing at a later date.