Experience Hendrix Llc & Anor v Times Newspapers Ltd

Experience Hendrix Llc & Anor v Times Newspapers Ltd

On the evidence before the court, the defendant’s pleaded case regarding the alleged licence has no real prospect of success; the 1979 Solomon letter is not a contractual document and does not constitute a valid licence, and Mr Solomon lacked authority to grant a licence without written consent from Gold and Goldstein.

Source-derived case information.

Parties
Claimant: Experience Hendrix LLC; Claimant: The Last Experience; Defendant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
14 December 2007
Procedural Posture
Intellectual Property Infringement / Application for Summary Judgment; Interlocutory Hearing
Outcome
Adjournment granted to allow defendant to obtain further evidence from Mr Solomon; defendant to pay costs of application to date in any event.
Legal Topics
Copyright Infringement, Performer’s Rights, Licensing, Summary Judgment, Chain of Title
Intellectual Property Contract Law Copyright Infringement Performer’s Rights Licensing Summary Judgment Chain of Title

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Parties

Experience Hendrix LLC

Claimant

The Last Experience

Claimant

Times Newspapers Limited

Defendant

Procedural Posture

Intellectual Property Infringement / Application for Summary Judgment; Interlocutory Hearing

Legal Issues

  1. 1 Whether the defendant’s acts complained of were licensed
  2. 2 Whether the 1979 Solomon letter constitutes a valid licence
  3. 3 Whether Mr Solomon had authority to grant a licence on behalf of the second claimant

Ratio Decidendi

On the evidence before the court, the defendant’s pleaded case regarding the alleged licence has no real prospect of success; the 1979 Solomon letter is not a contractual document and does not constitute a valid licence, and Mr Solomon lacked authority to grant a licence without written consent from Gold and Goldstein.

Court Disposition

Adjournment granted to allow defendant to obtain further evidence from Mr Solomon; defendant to pay costs of application to date in any event.

Orders

  • Defendant to serve and file evidence by 3rd January unless extended by agreement or court.
  • Defendant entitled to rely only on evidence filed by that time.