Jimi Hendrix Experience copyright trial set for December in UK
The estates of the guitarist's bandmates, Noel Redding and Mitch Mitchell, are taking legal action against Sony Music Entertainment UK (SMEUK).
Lawyers for the estates said the copyright and performers' rights on the albums Are You Experienced, Axis: Bold as Love, and Electric Ladyland should belong with the estates of Mr Redding and Mr Mitchell, who both died in the 2000s.
Mr Redding, on bass, and Mr Mitchell, on drums, formed The Jimi Hendrix Experience with the Seattle guitarist in 1966.
The group broke up shortly before Jimi Hendrix died of a drug overdose in 1970.
Robert Howe KC, for SMEUK, said that as a sub-licensee of the US-based Sony Music Entertainment, which is itself a licensee of Experience Hendrix LLC, the company has commercially exploited the recordings of the three albums in the UK since 2009.
In written submissions for a UK High Court hearing on Wednesday, he said that Jimi Hendrix's father was the sole heir to his son's estate.
He also said that Mr Redding and Mr Mitchell themselves brought claims over the recordings in New York in the 1970s and received $100,000 and $247,500, respectively.
Since that time, the Hendrix estate has exploited the recordings "without serious objections by Noel Redding or Mitch Mitchell or anyone claiming to derive rights from either of them", Mr Howe added.
He asked the court to allow an amendment to SMEUK's defence that would permit it to include a chain of title - to show how ownership of the rights has been transferred throughout the years.
Simon Malynicz KC, for the estates of Mr Redding and Mr Mitchell, opposed the application, saying that to allow it would threaten to derail the start date for the trial, set for 1 December.
In written submissions, he said: "Whilst previous applications delayed the proceedings from moving forward, this application threatens to bring them to a grinding halt."
He continued: "It is submitted that all the facts are against the defendant in relation to whether discretion should be exercised to allow for a very late amendment, and for this reason alone the application to amend should be dismissed."
Mr Justice Edwin Johnson granted the application and described Mr Malynicz's claims that the lateness of the application would disrupt the trial's start date as "exaggerated".
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