The inheritances of two musicians from Britain who contributed to the beats on Jimi Hendrix’s most popular songs have the option to take legal action against Sony Music Entertainment, with the goal of obtaining a portion of the royalties for the songs.
In 1966, Noel Redding (bassist) and Mitch Mitchell (drummer) joined the Jimi Hendrix Experience. They played on the band’s three studio albums: Are You Experienced, Axis: Bold as Love, and Electric Ladyland. These albums are considered important works in psychedelic rock and include popular songs like Purple Haze, Little Wing, Hey Joe, and Foxey Lady.
Except for a few songs written by Redding, Hendrix was the main writer for the group’s music and received all of the songwriting royalties. However, before his death at 27 in 1970, the trio split the royalties for the sound recordings they made together.
Thinking that there would be no further music released by the Jimi Hendrix Experience, and with the profitable CD reissue and streaming periods still years away, the two members signed away their rights in the early 1970s. Redding was paid $100,000 while Mitchell received $240,000, and both signed agreements stating that they could not file future lawsuits over the profits.
In 2003 and 2008, Redding and Mitchell passed away. However, the companies managing their estates have filed a lawsuit in February 2022, alleging that they are entitled to a portion of the royalties from the songs they performed on. They argue that the artists were not adequately compensated for their work and both passed away in poverty.
Sony tried to dismiss the lawsuit by claiming that the agreements signed by the individuals should prevent it from going to court. However, on Monday, Judge Michael Green at the High Court in London ruled that the case can proceed to a trial, which will likely be held in 2025.
Following the decision, attorney Lawrence Abramson, representing both estates, stated: “It is not disputed that Jimi Hendrix was one of the most exceptional guitarists, if not the best, of all time. However, his recordings were not solely his own work and would not have achieved success without the contributions of Noel and Mitch.” Sony has not issued a response to the ruling.
Hendrix’s squalling guitar playing and spirited singing, ably backed by the groove-led Redding and Mitchell, have ensured the Jimi Hendrix Experience remain hugely popular in the streaming era, with numerous songs earning hundreds of millions of streams each on Spotify.
Attorneys representing the Redding and Mitchell estates have contended that Sony is not a party to the contracts signed by the pair and that the contracts do not cover lawsuits against Hendrix’s heirs. They also argued that the contracts only include royalties from the North American market.
Reclaiming and Mitchell’s properties desire a portion of royalties in accordance with the original contract made between the musicians and Hendrix: 25% for each party, while Hendrix receives 50%. The initial lawsuit filed in 2022 aimed to transfer the copyright, as well as recover lost income and interest on that amount, in addition to damages and legal expenses.
The intention to take legal action regarding the distribution of copyright dates back to 2003, just before Redding passed away. His manager, Ian Grant, stated after his death: “Noel told me, ‘Ian, if I do receive $5m, I will only give it away.’ And I am certain he would have followed through on that promise. It was not about the money. He had been unfairly denied his rights in every aspect.”
Musicians have been successful in winning legal disputes over royalty payments with their deceased colleagues, particularly producer Quincy Jones. He was responsible for producing Michael Jackson’s albums Off the Wall, Thriller, and Bad. In 2017, Jones received $9.4 million in compensation after claiming he was excluded from profits made by the Michael Jackson estate following the singer’s passing.
Recently, the Hendrix family has been embroiled in complicated legal disputes. In 2021, the musician’s brother and niece were found to be in contempt of court for disobeying a ruling that prohibited them from profiting off the Hendrix name. They had named a music school after Hendrix, despite previous restrictions on using his name for commercial purposes. This legal action was initiated by companies who hold the rights to the Hendrix name, which are owned by Al Hendrix’s adopted daughter.
Source: theguardian.com
