Jimi Hendrix bandmates ‘died in poverty’ as labels rake in millions from streaming, court told
The estates of Jimi Hendrix’s former bandmates Noel Redding and Mitch Mitchell are taking legal action in the High Court against Sony Music Entertainment UK (SMEUK), claiming they “died in relative poverty” while the music they created now constitutes a “lucrative source of income” for major record labels through streaming.
The dispute centers on copyright and artist rights to three iconic albums by The Jimi Hendrix Experience: Are you experienced?, Axis: Brave as LoveAnd Electric Ladylandall recorded in the 1960s.
Simon Malynicz KC, representing the bassist and drummer’s estate, told the court at the start of the hearing on Tuesday that the band, which formed with Hendrix in 1966 and disbanded shortly before the legendary guitarist died of a drug overdose in 1970, was “one of the most commercially successful bands of its era”.
He argued that Mr. Redding and Mr. Mitchell, who both died in the 2000s, were “shunned early in their lives” and “died in relative poverty” even though recordings remain an important source of income in the digital age.
Mr Malynicz also argued that since their deaths, their successors, who were usually entitled to a share of the income through inherited property rights, had also been consistently excluded.
He explained that the marginalization was not at the hands of Jimi Hendrix himself, but rather by the administrators of his estate, subsequent legal actions, and “a major multinational corporation that, again, refused to recognize or pay royalties and performer rights.”
The lawyer explained that a recorded song typically contains more than one type of copyright: those related to the musical and lyrical composition, and those related to the sound recording itself.
Additionally, there are different rights regarding the performance of the musicians involved in the creation of this recording. Mr. Malynicz stated that at the heart of the current dispute is copyright, particularly in relation to sound recording, and these performance rights.
He urged the court to “not only ensure that justice is done to the memory of Noel Redding and Mitch Mitchell, but also carry out the wishes of James Marshall Hendrix. Of course, he would want his fellow musicians to get everything they are entitled to.”
However, Robert Howe KC, acting on behalf of SMEUK, disputed these claims in written submissions. He argued that the original recording copyright belonged to the album producers, not the musicians, thus preventing Mr. Redding and Mr. Mitchell from becoming beneficiaries of their estates.
Mr. Howe also stated that the predecessors of the musicians’ estates had previously waived their rights to the songs and “expressly authorized the defendant’s predecessors to do all of the acts complained of.”
He cited claims made by Mr. Redding and Mr. Mitchell in New York in the 1970s, which resulted in awards of $100,000 and $247,500 each, respectively.
Additionally, Mr. Howe noted that although the musicians “maintain close ties to Jimi Hendrix’s heirs and those administering his estate,” they “did not seek to prevent” Mr. Hendrix’s estate from using recordings or performances during their lifetimes.
SMEUK has used UK registrations since 2009 and reserves the right to continue using them. Drawing a vivid analogy, Mr. Howe asked the court to dismiss the claim, stating: “In fact, what the plaintiffs have done in this case is tantamount to suing the subtenant of a room in a house for trespass for the purpose of attempting to obtain a declaration of alleged ownership of the house.”
The hearing, presided over by Mr Justice Edwin Johnson, is scheduled to conclude on December 18, and a written decision is expected at a later date.
