In the ongoing legal symphony surrounding the iconic Jimi Hendrix, a recent ruling by Judge Michael Green has set the stage for a riveting trial. The case, Noel Redding Estate Limited & Anor v Sony Music Entertainment UK Limited, revolves around the copyright and performance rights of Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer Mitch Mitchell, both of whom have left an indelible mark on the 1960s music scene.
The legal showdown has been initiated by the estates of Redding and Mitchell, who argue that they have inherited the rights previously owned by these legendary musicians. Both Redding and Mitchell passed away in 2003 and 2008, respectively. The crux of the matter lies in the ownership of sound recording copyrights and performers’ property rights, with Sony Music Entertainment UK being the focal point of the legal battle.
Sony contends that the worldwide copyright for the relevant sound recordings is held by two LLCs – Experience Hendrix LLC and Authentic Hendrix LLC – both registered in Washington state. Attempts by Sony to transfer the case to New York were unsuccessful, leading to the current proceedings in the UK.
The recent judgment, delivered in the case, centered on Sony’s application for summary judgment or dismissal. Despite certain claims being withdrawn and specific particulars of the claim being struck out, Judge Michael Green ruled in favor of a trial for the copyright and performers’ property rights claims.
Describing Hendrix as ‘arguably the greatest rock guitarist ever,’ Judge Green expressed his belief that the claimants have a compelling case. He stated, ‘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.’ This pivotal question, he noted, may require a factual inquiry, thereby justifying a trial.
In conclusion, the judge emphasized that the claimants have a real prospect of succeeding in their case, setting the stage for a legal battle that could reshape the landscape of copyright and performers’ property rights in the music industry.
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