Sony Music’s attempt to block a copyright claim by the estate of Jimi Hendrix has been blocked again after the Court of Appeal dismissed their claim.
Rock guitar icon Jimi Hendrix passed away at 27 in September 1970. He formed the Jimi Hendrix Experience in 1966 with two other band members: Noel Redding on bass guitar and John ‘Mitch’ Mitchell on drums.
Redding died in May 2003 and Mitchell passed away in November 2008.
The bank recorded three albums: Are you Experienced; Axis: Bold as Love; and Electric Ladyland.
The estates of both Redding and Mitchell launched legal action against Sony back in 2022, seeking to establish that they own a share of the sound recording copyrights in the albums.
It was alleged there was an oral agreement around May 1967 between the band members regarding the ownership and division of monies, resulting in profits to be divided up as: 50 per cent to Hendrix, 25 per cent to Redding and 25 per cent to Mitchell.
The music label giant argues that after Hendrix death, his father James ‘Al’ Hendrix was the sole heir to his estate and that included any copyrights or share of copyrights that he owned. But Al Hendrix passed away in April 2002.
Sony Music has a licence from Experience Hendrix (Experience) to exploit, publish and/or distribute the albums.
Back in 2022, Sony issued an application for summary judgment or strike out of the whole claim, but the High Court ruled in January 2024 that the case can proceed to trial.
Sony went on to appeal this ruling to the Court of Appeal, with parties at a face off last month.
However, on Thursday, the Court of Appeal dismissed their appeal.
According to law firm Keystone Law, this case will now proceed to trial in December.
Commenting on the ruling, Keystone Law partner Lawrence Abramson said: “We are not surprised by, but still happy with the result. Hopefully we can now obtain some justice for the families of Noel and Mitch.”
“No one is denying that Jimi Hendrix was one of the greatest guitarists of all time, just as Freddie Mercury was a great singer. But neither of them made their recordings alone. It has never been suggested that Brian May, John Deacon nor Roger Taylor should not have participated in Queen’s success so why should Noel and Mitch lose out from the success of the Jimi Hendrix Experience?”
Sony has been contacted for a comment.