The estate of Jimi Hendrix is suing the heirs of his former bandmates after they allegedly threatened to bring a lawsuit in British court for “millions of pounds” in unpaid royalties dating back decades.
In a case filed Tuesday in Manhattan federal court, the Hendrix estate and Sony Music asked for a legal declaration that they owe nothing to the estates of David Noel Redding and John Graham “Mitch” Mitchell – Hendrix’s bandmates in the Jimi Hendrix Experience.
Entities representing the families of Redding and Mitchell sent a cease-and-desist in December claiming to own a stake in Hendrix’s music and threatening to sue for infringement, but Tuesday’s lawsuit said those claims were bogus because the pair had signed away any rights immediately after Hendrix died in 1970.
The duo signed “broad general releases” and agreements not to sue in exchange for “significant monetary consideration” that was paid at the time, the Hendrix estate and Sony wrote, adding that the settlements “specifically” dealt with the band’s recordings.
Sony is involved in the dispute because it’s the exclusive licensee of Hendrix’s music, which is owned by Hendrix Experience LLC and Authentic Hendrix LLC. The new lawsuit was filed on behalf of all three companies by Dorothy M. Weber, an attorney at the firm Herbsman Hafer Weber & Frisch.
Hendrix formed the Experience in 1966 by teaming up with Redding, a bassist, and Mitchell, a drummer. The trio went on to release a slew of hits before Hendrix’s death, including “All Along The Watchtower,” which spent nine weeks on the Billboard Hot 100 in 1968 and peaked at No. 20.
Hendrix died Sept. 18, 1970, at the age of 27 and, according to this week’s lawsuit, both Redding and Mitchell participated in the “protracted” proceedings required to settle his estate. As part of that legal process, they allegedly signed the releases. Redding died in 2003 and Mitchell died in 2008.
“For almost half a century, there has never been any claim by defendants or their successors … concerning the copyright ownership, exploitation of these recordings by plaintiffs, or payments of royalties,” the Hendrix estate and Sony wrote.
In December, though, Sony says it received a cease-and-desist letter from entities called Noel Redding Estate Ltd. and Mitch Mitchell Estate Ltd., arguing the decades-old agreements were unenforceable and threatening to sue for copyright infringement in British court. The two companies allegedly argued that they were owed “millions of pounds” in royalties, dating back to 1973.
Tuesday’s lawsuit is a so-called declaratory judgment action, meaning the Hendrix estate and Sony aren’t suing for damages, but simply for a ruling that they’ve done nothing wrong. Such cases are often filed preemptively when a company believes it has wrongly been threatened with a copyright lawsuit.
An attorney for Noel Redding Estate Ltd. and Mitch Mitchell Estate Ltd. did not immediately return a request for comment on Wednesday.
