In 2004, Experience Hendrix filed an action in London against Purple Haze Records Ltd. and its proprietor Lawrence Miller, seeking to enjoin the unauthorized release of Jimi Hendrix recordings. Purple Haze and Miller responded by claiming authorization from John Hillman, a former UK attorney who had been involved with a Bahamian tax shelter called Yameta Company Ltd. for the late Michael Jeffery, Jimi Hendrix's manager, who died in 1973. Mr. Hillman had ceased involvement with Hendrix after the death of both Jimi Hendrix and Michael Jeffery in the early 1970's, but he suddenly resurfaced in 2003 claiming to be the sole successor to Yameta, by reason of which he claimed ownership of the Hendrix recordings. He claimed that memory loss due to illness had caused him to forget this ownership during the past three decades. Lawrence Miller, acting through his company, Purple Haze Records, took up Hillman's cause and became his principal spokesman and licensee.
In February 2005, the Honorable Mr. Justice Hart in the London Royal Courts of Justice entered summary judgment in favor of Experience Hendrix against Mr. Miller and Purple Haze Records. The judgment upheld the UK performers' rights of Jimi Hendrix which now vest in Experience Hendrix (a fact not contested by the defendants), and also held that the original December 1966 Yameta agreement with Jimi Hendrix on which Mr. Hillman and Mr. Miller relied was simply a management contract that did not entitle Yameta to claim any of the intellectual property rights created by Jimi's recorded performances:
Since the claimed Hendrix recording interests of both Hillman and Miller were based on the original 1966 Yameta contract, the London court's conclusion negates those claims. The court also issued an order enjoining further release of the Purple Haze album at issue, requiring delivery by defendants of all copies of the album, and requiring defendants to pay £25,000 costs to Experience Hendrix within 28 days. In the UK, the loser in litigation is generally required to reimburse the legal costs incurred by the winner.
Mr. Miller and his company filed an appeal of the court's judgment and accompanying order, but failed to pay the £25,000 costs to Experience Hendrix, claiming that they had no assets or sources of income. After granting several hearings and extensions, on August 22 the appeals court finally ruled that the appeal would be dismissed if the costs (now totaling £30,000) were not paid by August 24. These costs have not been paid, and Mr. Justice Hart's February 2005 judgment has now become final.
Experience Hendrix is pleased that this action has now concluded, and will continue its active efforts to combat piracy of its Jimi Hendrix recordings and rights. Any retailer who continues to carry Jimi Hendrix product from Purple Haze Records risks legal action based upon the UK final judgment.
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U.K. LEGAL VICTORY FOR EXPERIENCE HENDRIX
SOURCE: Experience Hendrix, L.L.C.
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© 1995-2008 Experience Hendrix, L.L.C. All Rights Reserved. |
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