Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Limited
[2024] EWHC 561 (Ch)
Noel Redding Estate Limited & Anor v Sony Music Entertainment UK Limited
29 January 2024
[2024] EWHC 128 (Ch)
High Court
Two companies sued Sony for using music recordings without permission. Sony argued the band members had given up their rights years ago. The judge said there's enough evidence for a trial to decide who owns the rights to the music. Some parts of the lawsuit were thrown out, but the main part will continue.
Key Facts
- •Noel Redding Estate Limited and Mitch Mitchell Estate Limited (Claimants) sued Sony Music Entertainment UK Limited (Defendant) for infringement of sound recording copyrights and performers' property rights in Jimi Hendrix recordings.
- •Claimants allege ownership through assignments from Redding and Mitchell's estates.
- •Defendant, Sony, is a sub-licensee of Experience Hendrix, which claims sole ownership of Hendrix's intellectual property.
- •Redding and Mitchell had previously released claims against Hendrix's estate in 1973 and 1974 for financial settlements.
- •Sony applied for summary judgment and/or strike out of the Claimants' case.
- •The case involved issues of New York law (governing the releases), English procedural rules (CPR), and EU copyright principles (consent).
Legal Principles
Summary judgment principles under CPR 24.3 and strike out principles under CPR 3.4(2)
CPR 24.3, CPR 3.4(2)
Joinder of parties under CPR 19.3
CPR 19.3
Requirements for a coherent claim for relief under CPR 16.2(a) and (b)
CPR 16.2(a), CPR 16.2(b)
Construction of contracts under New York law
New York Law
EU doctrine of consent to use copyrighted works
Marussia v Manor Grand Prix [2016] EWHC 809 (Ch), Zino Davidoff SA v A&G Imports Ltd (C-414/99)
Performers' rights under the Copyright, Designs and Patents Act 1988 (CDPA), including transitional provisions
CDPA, Copyright and Related Rights Regulations 1996 and 2003
Statute of limitations for partnership claims
Partnership Act 1890, Marshall v Bullock, Knox v Gye
Outcomes
Sony's application for summary judgment and/or strike out of the whole claim was dismissed.
The court found that the Claimants had a real prospect of success on their copyright and performers' property rights claims, despite the prior releases and procedural issues.
Certain parts of the Claimants' Particulars of Claim were struck out or dismissed.
These included claims relating to partnership assets (time-barred), claims under s.191HB CDPA (withdrawn), allegations regarding the 1966 Recording Agreement (irrelevant), and claims of secondary infringement (no real prospect of success).
Mr. Rifkin's expert report on New York law was admitted into evidence.
The court considered the report relevant to the interpretation of the releases, despite procedural irregularities.
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