Sony Music Entertainment (“Sony”) has been unsuccessful in its bid to have a claim relating to the ownership of music recorded by the Jimi Hendrix Experience struck out. The claim is brought by the estates of Mitch Mitchell and Noel Redding, two members of the iconic trio, who are seeking a share of the royalties from the Jimi Hendrix Experience’s three studio albums – “Are You Experienced”, “Axis: Bold as Love”, and “Electric Ladyland”.
Sony sought to have the claim summarily dismissed by the High Court based upon an alleged agreement made in 1973 in which Mitchell and Redding purportedly agreed not to sue Hendrix’s estate or the record companies distributing the music. That agreement reportedly arose from an ongoing dispute at that time in respect of the rights to the band’s music.
The High Court rejected Sony’s advances, a decision subsequently upheld the Court of Appeal this week, on the basis a full trial will be required in order to establish ownership of the rights to the Jimi Hendrix Experience music. It remains to be seen whether the estates of Redding and Mitchell will be successful should the matter progress to trial, which now appears increasingly likely.
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