Hendrix estate sues band members heirs over royalties
The estate of Jimi Hendrix is suing heirs of his former bandmates, alleging that they had threatened to file a lawsuit in UK court to claim unpaid royalties.
Hendrix Experience filed a lawsuit on Tuesday, December 18, saying that Hendrick’s former band members Noel Redding and John Graham had signed away their rights to royalties in the 1970s following Hendrix’s death.
Entities representing the families of both Redding and Mitchel had sent cease-and-desist notices in December claiming that they are entitled to a cut of Hendrix’s recordings and threatened to sue Hendrix’s estate for infringement.
Prior to this, neither Redding, Mitchell, nor their estates had asserted an ownership interest in the group's recordings, the complaint said.
The claim letters acknowledged general release letters the former members had signed in the 1970s but threatened litigation in the UK on the basis that these agreements were “broad” and unenforceable.
The estate of the former band members claimed that neither themselves, the Hendrix Experience, nor Sony Music (the exclusive licensee of The Jimi Hendrix Experience recordings) “were parties to the release agreements”.
The Hendrix Experience is seeking a declaratory judgment concerning the validity of two general releases with covenants not to sue and declaring non-infringement of IP, including copyright and performer’s rights.
‘Unambiguous’ agreements
In 1966, Hendrix, Graham and Redding formed a group called The Jimi Hendrix Experience.
All three signed an exclusive recording agreement with producers Michael Jeffery and Bryan Chandler in which they granted the copyrights to their sound recordings.
Redding left the band in 1969 while Mitchell remained. Hendrix and Mitchell continued to perform with bassist Billy Cox as the Jimi Hendrix Experience.
When Hendrix passed away in 1970, proceeding for letters of administration commenced with his estate.
In his estate proceedings, Redding and Mitchell filed and asserted claims in New York in connection with unpaid royalties from The Jimi Hendrix Experience recordings. According to the Hendrix Estate, these claims were settled by signed broad general releases and covenants not to sue.
The general releases extended to any recording which may be released or mastered in the future. Mitchell signed his release in 1973 and Mitchell in 1974 and accepted settlement payments.
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