Over the last two years Miller has, through his company Purple Haze Records, released a number of CDs of the Jimi Hendrix Experience, claiming he was licensed to do so by Mr John Hillman, a lawyer apparently involved in the music industry in the 1960s. Mr Hillman had claimed that he is the sole owner of all rights in relation to Jimi Hendrix's music and recordings which, he says, he acquired from a Bahamian company, Yameta, in 1975. In the High Court today Mr Justice Hart dismissed those claims, finding that Yameta had not owned any Jimi Hendrix copyrights or performers' rights. Consequently Mr Hillman's allegations that he owns Jimi Hendrix's copyrights were found to be groundless.
The Judge found that Purple Haze and Mr Miller were not authorized to release the Stockholm concert CD as they did not have the performer's consent from Experience Hendrix. To win the action Experience Hendirx relied on Jimi Hendrix's performer's rights under the 1988 (UK) Copyright Act which had vested in it (a fact not challenged in Court). The case is groundbreaking as it involved Experience Hendrix's relying successfully on rights that were only created by English law in 1996 with respect to a 1969 concert in Sweden by an artist who died in 1970. The Judge found that Purple Haze had "no realistic prospect of successfully defending" the action and that Mr Miller was personally liable for the infringements.
The Judge granted a permanent injunction against Mr Miller and Purple Haze from infringing Experience Hendrix's performer's rights in the Stockholm concerts and they have been instructed to hand over any copies of the infringing CD and pay damages which are to be assessed. He also ordered them to pay Experience Hendrix's costs, with £25,000 payable within 28 days.
Paddy Gardiner, associate at Eversheds LLP representing Experience Hendrix, comments on the ruling: "This is a decisive and groundbreaking judgment not only in respect of the performer's rights issue but also because Mr Hillman's claims that he owns Jimi Hendrix's copyrights have been shown to be baseless. Those rights are owned by Experience Hendrix which is determined to uphold the integrity of Jimi's legacy and will have no hesitation in enforcing this injunction and its rights wherever and whenever necessary."
Janie Hendrix, President and CEO of Experience Hendrix LLC, comments on today's ruling: "We are pleased by this judgement as its sends a clear message to those who infinge upon our company's rights that Experience Hendrix will make every effort to safeguard Jimi's legacy. We will continue in our efforts to enforce our rights throughout the world."
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EXPERIENCE HENDRIX, L.L.C. WINS RIGHTS BATTLE IN UK COURT
SOURCE: Experience Hendrix, L.L.C.
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© 1995-2008 Experience Hendrix, L.L.C. All Rights Reserved. |
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