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ARTICLE · 15 OCTOBER 2015

Ray Charles Foundation Can Challenge Heirs' Attempt To Reclaim Copyrights

The Ray Charles Foundation is the sole beneficiary of the Ray Charles estate. The Foundation relies on royalty income from Charles's copyrights to fulfill its mission.

United StatesIntellectual Property

Ray Charles Foundation v. Robinson et al.

The U.S. Court of Appeals for the Ninth Circuit reversed a district court's dismissal of a suit brought by the sole beneficiary of the Ray Charles estate, concluding that the Ray Charles Foundation had standing to challenge Charles's heirs in their attempt to reclaim several copyrights to the late singer's works because the Foundation's right to royalties from such works would be affected. Ray Charles Foundation v. Robinson et al., Case No. 13-55421 (9th Cir. July 31, 2015) (Christen, J.).

The Ray Charles Foundation is the sole beneficiary of the Ray Charles estate. The Foundation relies on royalty income from Charles's copyrights to fulfill its mission. In March 2010, seven of Charles's children filed notices under §§ 203 and 304(c) of the Copyright Act to terminate grants of copyright Charles authorized during his career. If effected, the termination of such grants would revert, to Charles's heirs, the copyrights in 51

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