Hendrix Cuts Through The Haze

Another determination of Mr Justice Hart yesterday has come upwardly to the attending of the IPKat via LexisNexis' All England Direct subscription service in addition to is right away available inwards total on BAILII. It's Experience Hendrix LLC v Purple Haze Records Ltd [2005] EWHC 249 (Ch) in addition to this is how it went:

In Jan 1969 Jimi Hendrix and 2 other performers gave certainly performances inwards Sweden. Influenza A virus subtype H5N1 audio recording and/or cinema in addition to audio recording of them was made past times a Swedish broadcasting organisation. In September 1970 Hendrix died intestate inwards London. Thirty years later, inwards Nov 2000, a deed of assignment in addition to assent was executed which transferred to Experience Hendrix the whole of Hendrix's estate.

When the Swedish performances were given, private constabulary rights in addition to remedies inwards honour of the unauthorised exploitation of their performances had non nevertheless been invented (they were firstly expressly provided for inwards Pt II of the Copyright Designs in addition to Patents Act 1988, equally of 1 August 1989). Those rights were conferred retrospectively, but they only subsisted inwards ‘qualifying performances’. Sweden joined the European Economic Community inwards Jan 1995. The provisions of the Act were substantially amended in addition to expanded past times the Copyright in addition to Related Rights Regulations 1996, SI 1996/2967, which came into strength on 1 Dec 1996. The Regulations introduced novel sections 182, 182A in addition to 182B into the Act. Article 26(1) provided that its provisions applied to copyright industrial plant made, in addition to to performances given, earlier or after commencement.

Purple Haze later made in addition to sold copies of a recording of the Stockholm performances inwards the United Kingdom. Experience Hendrix sued, claiming that the Stockholm performances were qualifying performances in addition to that Purple Haze had infringed Hendrix's performer’s rights nether secctions 182A in addition to 182B of the Act. It besides claimed that the mo defendant, equally the allegedly controlling hear of Purple Haze, was besides liable for the infringements. Experience Hendrix applied for summary judgment, but Purple Haze denied liability. They said that (i) the performances were non qualifying performances, (ii) the Swedish performances were non past times Hendrix alone, but past times Hendrix together amongst the other performers, amongst the final result that the Act bestowed only a unmarried right on the iii of them jointly, in addition to (iii) their acts could non live on infringing acts since they were based on an understanding made betwixt Purple Haze in addition to approximately other company, nether which Purple Haze had locomote entitled either inwards constabulary or equity to all the rights appertaining to performances past times Hendrix.

Mr Justice Hart allowed the application since Purple Haze had no prospect of successfully defending the action.

* The Stockholm performances were qualifying performances. It was hard to meet how it was possible to depict a distinction either betwixt countries which were members of the EEC equally at 1 August 1989, in addition to those which joined after 1 August 1989 in addition to earlier 1 Dec 1996, or betwixt the final mentioned category in addition to countries which mightiness futurity join.

Jimi Hendrix: pleased the fans during his life, pleased the lawyers after his death

* The springing involvement work was exactly a trial of the fashion inwards which the Act had been drafted and, whatever the solution mightiness live on -- if indeed at that spot was 1 -- it was non to live on establish past times interpolating an artificial temporal restriction into the Definition of a qualifying country.

* The suggestion that an private who participated inwards a grouping surgical procedure did non enjoy, inwards his ain private right, performer’s rights was non sustainable.

* On its truthful construction, the understanding betwixt YH Ltd in addition to Hendrix contained no assignment of, or understanding to assign, the relevant rights, in addition to it was unnecessary to imply a term to that effect inwards social club to laissez passer on the contract draw of piece of work organisation efficacy.

believes this is the right result, though he is disappointed that in addition to then uncomplicated a laid upwardly of facts (man performs; human being is recorded; recording is exploited without permisssion; human being sues ...) could non live on resolved without the ask to hack through a thicket of well-nigh impenetrable legislation.

Purple Haze sues Hendrix here in addition to here