Noel Redding Estate Limited and Mitch Mitchell Estate Limited v Sony Music Entertainment UK Limited

The Claimants — the estates of Noel Redding (bass) and Mitch Mitchell (drums), two of the three members of the Jimi Hendrix Experience — brought claims against Sony Music Entertainment UK Limited, asserting (i) co-ownership of the sound recording copyrights in recordings made between 1966 and 1968, including tracks from the landmark albums Are You Experienced, Axis: Bold as Love and Electric Ladyland; and (ii) performers' property rights arising from their participation in those recordings. On both bases, the Claimants alleged that Sony's longstanding commercial exploitation of the recordings in the UK constituted infringement.

Mr Justice Edwin Johnson dismissed all claims in their entirety. The claims failed on three independent grounds: first, on the proper construction of the original 1966 Recording Agreement between the Band Members and their producers (Michael Jeffery and Chas Chandler), which the Judge held did not vest copyright ownership in Mr Redding and Mr Mitchell; second, because the claims were precluded by Releases entered into by Mr Redding and Mr Mitchell during their lifetimes, construed in accordance with New York law; and third, because the claims were further precluded by Discontinuances of earlier US proceedings involving the same subject matter.

The judgment is likely to be of interest to practitioners in intellectual property and entertainment law, particularly in relation to the construction of historic recording agreements, the treatment of performers' property rights under the UK transitional provisions, and the application of New York law to the scope and effect of contractual releases and litigation discontinuances.

Robert Howe KC (Blackstone Chambers) and Jaani Riordan (8 New Square) (instructed by Simkins LLP) acted for the successful Defendant, Sony Music Entertainment UK Limited.

The judgment is available here.