Jazz legend Duke Ellington's heirs are fighting for more money from the publishing sales of the composer's work after alleging record bosses at Emi are taking too big a cut.

Judges at New York's highest court are set to hear arguments by Ellington's relatives, who are hoping to reinstate their lawsuit against Emi executives, seeking half the royalties from foreign sales.

In their four-year-old suit they allege the music bosses have breached a decades-old royalty contract by deducting 50 per cent of commissions for foreign sub-publishers before splitting the rest of the cash with them.

Billboard.com reports a judge previously dismissed the suit but a Court of Appeals panel has agreed to take another look and make a ruling next month (Oct14).