Experience Hendrix LLC v Purple Haze Records Ltd & Ors

Experience Hendrix LLC v Purple Haze Records Ltd & Ors

The CDPA 1988, as amended, confers rights in respect of performances by performers who died before the Act came into force, and such rights vest in their personal representatives. The qualifying country status is to be assessed at the time of infringement, not performance, in line with international obligations. There was no real prospect of the defendants defending the claim on the facts, so summary judgment was appropriate.

Parties
Claimant/respondent: Experience Hendrix LLC; Defendant/appellant: Purple Haze Records Ltd; Defendant: Lawrence Miller; Third Defendant: John Arthur Hillman
Jurisdiction
England and Wales
Judgment Date
24 May 2007
Procedural Posture
Civil Appeal (intellectual Property) / Appeal From High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Performers' Rights, Copyright, International Treaties, Retrospective Application, Summary Judgment
Intellectual Property Law Performers' Rights Copyright International Treaties Retrospective Application Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Experience Hendrix LLC

Claimant/respondent

Purple Haze Records Ltd

Defendant/appellant

Lawrence Miller

Defendant

John Arthur Hillman

Third Defendant

Procedural Posture

Civil Appeal (intellectual Property) / Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether the Copyright, Designs and Patents Act 1988 confers rights on performances by performers who died before the Act came into force ('dead performer' point)
  2. 2 Whether performances in countries that became 'qualifying countries' after the performance are protected ('qualifying country' point)
  3. 3 Whether the factual disputes regarding ownership of rights are suitable for summary judgment ('summary judgment' point)

Ratio Decidendi

The CDPA 1988, as amended, confers rights in respect of performances by performers who died before the Act came into force, and such rights vest in their personal representatives. The qualifying country status is to be assessed at the time of infringement, not performance, in line with international obligations. There was no real prospect of the defendants defending the claim on the facts, so summary judgment was appropriate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment for the claimant/respondent