Monday, May 22, 2006

Hendrix Estate Crushes Radioactive Records and James Plummer in the High Court of the UK!

The April 24th decision in the High Court of England might signal the demise of Radioactive Records, but it hasnt put a stop to their illegal activity. Despite their statements to Bona Fide, and George Brigman, they contiue to peddle their unauthorized Brigman Jungle Rot CDs, and now are engaged in hurriedly dumping product in an attempt to dispose of it and generate cash. Most of their rare US psych reissues are merely unauthorized needle drops. Mr Plummer was also served cease and desist papers on his Bobb Trimble Harvest of Dreams CD and he continues to sell that as well. Curiously, a new CD label,Reclamation, has already released 3 Hendrix CDs not authorized by Experience Hendrix and they list Radioactive's Steven Carr as producer! What does it take to get the message out that these guys are simply ripping off everyone involved, from artists right down to consumers and retailers! I applaud the High Court of England and the Hendrix estate for exposing this corrupt operation! I wish them luck in attaining any settlement from Mr. Plummer! I encourage every legitimate distributor to just say NO to Radioactive product! They will continue to dump their shoddy, illegal product to any one willing, and we, the artists and labels affected, will actively challenge and stop anyone who wishes to sell these bootlegs. Ebay, Gemm, Musicstack and Amazon have been a great help in this struggle, and they will contiue to be allies and help when needed.

It would make sense simply to avoid any Radioactive CDs. We have a long list of bands who have not received a cent from Radioactive, and these bands are still being ripped off on a daily basis, and have no access to the legal support that the Hendrix estate could afford. The right thing to do here is to keep your own hands clean, and avoid the purchase or sale of these goods. Support the artists, not their bootleggers!

Following is the press release from Experience Hendrix, LLC, following their court victory:
UK Legal Victory for Experience Hendrix

LONDON, UK (Experience Hendrix, L.L.C.) - Experience Hendrix, L.L.C. is pleased to announce a significant legal victory in the London courts. Experience Hendrix is the Seattle based company owned by members of the family of the late James Allen ("Al") Hendrix, the father of the international rock star Jimi Hendrix. Experience Hendrix owns and administers the rights to Jimi Hendrix recordings, songs and related properties.
In late 2005, Experience Hendrix took action in the High Court in London against Sonicus Limited, (trading as Radioactive Records), and its distributor Blue Orchard Records, seeking to enjoin the unauthorized release of Jimi Hendrix recordings.

Sonicus, Radioactive Records, Blue Orchard, and Radioactive's proprietor Mr. James Plummer have agreed to a consent order that settles litigation regarding their unauthorized exploitation of various Jimi Hendrix recordings. Sonicus, Radioactive Records, Blue Orchard and Mr. James Plummer personally have agreed to immediately discontinue manufacturing, reproducing, selling, or distributing all Jimi Hendrix releases. They have agreed to forfeit and deliver up all existing copies of recordings whether in compact disc, vinyl LP, or picture disc format in their control to Experience Hendrix.

Radioactive Records had previously issued fourteen unauthorized Jimi Hendrix titles, many drawn from poor quality audio sources such as amateur, monophonic audience recordings. Radioactive claimed rights to manufacture and distribute this material under a license purportedly granted by longtime Jimi Hendrix litigant Ed Chalpin, presently acting under the guise of the Michael Jeffery estate, which he arranged to revive several years ago. Jeffery, who served as Hendrix's manager, died in 1973. Jeffery has no claim to any portion of the Jimi Hendrix estate or the rights owned and exploited by Experience Hendrix.

Mr. Chalpin instigated a lawsuit in the United States in 2001 asserting the same claims (in the name of the elderly former ancillary administrator of the Michael Jeffery estate in New York, now deceased). The New York court rejected that claim as a "meritless" fabrication.

Experience Hendrix also obtained a legal injunction against Mr. Chalpin (and his company PPX Enterprises Inc.) in July 2002 that restricts Mr. Chalpin and PPX from issuing, releasing or licensing the exploitation of any Jimi Hendrix recordings, other than 33 Curtis Knight & The Squires masters largely recorded in 1965 when Hendrix was an unknown sideman before he gained international fame in 1967 fronting the Jimi Hendrix Experience. Mr. Chalpin has since defaulted on payment of a significant costs order that was awarded to Experience Hendrix in that litigation.

Experience Hendrix is pleased that this action has now concluded, and will continue its active efforts to combat piracy of its Jimi Hendrix recordings and rights. "We are pleased that we have been able to remove these inferior bootlegs from the marketplace," states Janie Hendrix, President and CEO of Experience Hendrix. "These unauthorized releases only serve to confuse and disappoint Jimi's unsuspecting fans throughout the world. We shall continue to fight piracy and the unauthorized exploitation of Jimi's great legacy." Any retailer who continues to carry Jimi Hendrix product deriving from Sonicus/Radioactive Records risks legal action