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Ellington Heirs Lose Bid to Change Foreign Royalties Calculations
The New York Court of Appeals, the highest court in the state, decided that a copyright renewal that Duke Ellington signed in 1961 didn't unfairly deprive his heirs of a portion of foreign royalties on the music giant's works, such as “Mood Indigo” and “Sophisticated Lady.”
In Ellington v. EMI Music, 156, the court of appeals ruled 5-2 that “clear and unambiguous” provisions govern EMI's obligations to Ellington's grandson Paul Ellington and the composer's other survivors. Judge Sheila Abdus-Salaam, writing for the majority, said a plain reading of the contract says Ellington or his heirs are entitled to 50% of the net revenues received from the composer's works from foreign subpublishers. The agreement was originally signed by Ellington and Mills Music Inc., which has become EMI.
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