The Court of Appeal has now given directions for the conduct of the appeal by Purple Haze Records Ltd against the summary judgment obtained by Experience Hendrix LLC. The case alleges infringement of performers’ rights and was brought by Experience Hendrix LLC (the successor in title to the Jimi Hendrix estate) against Purple Haze Records Ltd and Lawrence Miller for the release of an album with a performance by Jimi Hendrix and his band that had been recorded in Stockholm in 1969. At the time of the recording, UK legislation did not protect performers unless the recording itself was unauthorised – performers’ rights in their present form were only introduced in the UK in 1998. However, the High Court found in its summary judgment that later legislation could be applied retrospectively.
See Law Updates June 2005