EMI Prevails In Duke Ellington Foreign Royalty Appeal

Law360, New York (May 3, 2013, 3:52 PM EDT) -- EMI Music Inc. has not improperly deprived heirs of Duke Ellington of “hundreds of thousands” of dollars in royalties from foreign sales of the jazz legend's recordings, a New York appeals court ruled Thursday, finding a 1961 “net receipts” contract was not ambiguous.

The Appellate Division of the New York Supreme Court affirmed a trial judge's dismissal of a breach-of-contract suit alleging “net receipts” agreements are now recognized as scams and the one Elllington signed with Mills Music Inc., now an affiliate of EMI, has allowed...
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