Report: Sunday Times Faces £150,000-Plus Payout Over JIMI HENDRIX CD
August 6, 2010, 14 years ago
Guardian.co.uk has issued the following report from Josh Halliday:
Times Newspapers is understood to be facing damages of about $250,000 (£156,000) after losing a high court copyright infringement case over a JIMI HENDRIX CD given away with the Sunday Times.
The Sunday Times covermount CD, given away in September 2006, featured 10 tracks from a live performance by the late rock guitarist's group The Jimi Hendrix Experience at London's Royal Albert Hall in February 1969, including 'Purple Haze', 'Sunshine of Your Love' and 'Foxy Lady'. US-born singer and guitarist Hendrix died aged 27 in London in 1970.
Two US companies associated with the Hendrix estate, Experience Hendrix and Last Experience, launched legal action three years ago claiming the newspaper, published by News International subsidiary Times Newspapers, did not obtain the proper copyright clearance for the giveaway.
Footage of Hendrix's 1969 London concert recording was due to be released as a film by the claimants, along with accompanying DVDs, CDs and merchandising, and two companies claimed that this had been delayed in part by the Sunday Times's free CD and the negative impact it would have on UK earnings.
In May 2008 the claimants chose to pursue a claim for damages relating to loss of earnings from the delay to the concert film project.
High court judge Sir William Blackburne last Friday ruled that the Sunday Times covermount had delayed by a year the receipt of $5.8m in earnings to Experience Hendrix and Last Experience from the Hendrix concert film. He ordered Times Newspapers to pay damages equivalent to one year's interest on that sum.
The exact damages figure is still being worked out by the two sides' legal teams, but MediaGuardian.co.uk understands it will be just over $250,000.
Read the full report here.