The Royal Albert Hall is a cultural icon, so it's strange that it so rarely gets a mention on this most cultural of weblogs. It received a plug in Experience Hendrix LLC and another v Times Newspapers Ltd,  EWHC 1986 (Ch), decided earlier this week in the Chancery Division for England and Wales by Sir William Blackburne. It's good to see that the courts, however busy they are, can still find some odd jobs for retired judges -- a sort of post-occupational therapy -- and the learned judge must have had a rare old time reminiscing over the musical icons of his own younger days.
Jimi Hendrix, born in the United States, adopted the United Kingdom in 1966 when he teamed up with two British colleagues to form the Jimi Hendrix Experience. In February 1969 this band performed at the Royal Albert Hall, this being the culmination of its European concert tour. Gerald Goldstein and Steve Gold (respectively, and -- the Kat hopes -- respectably, a successful producer and songwriter based in Hollywood) popped up at this point. Gerald secured the band's merchandising rights as well as the right to film the concert tour of Europe by an exclusive recording contract while Steve made separate sound and film recordings of the concert.
"Member States shall ensure that the competent judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the rightholder damages appropriate to the actual prejudice suffered by him/her as a result of the infringement. When the judicial authorities set the damages: (a) they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the rightholder by the infringement; or (b) as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question".