FILE - This June 1968 file photo shows big band leader Duke Ellington. Ellington’s grandson is urging New York’s highest court to reinstate his lawsuit against publisher EMI seeking half the foreign royalties from Ellington’s music for his heirs. The suit against publisher EMI alleges breach of the 1961 standard songwriter royalty contract the late pianist, bandleader and composer signed with Mills Music, predecessor of EMI, which is now part of global Sony/ATV Music Publishing. (AP Photo, file)