SOUTH CAROLINA — In a unanimous decision on June 17, the South Carolina Supreme Court ended 13 years of legal bloodletting over who would exercise control over James Brown’s music assets—and at the same time, resurrected hope for his long-ignored education charity.

The court ruled that music legend James Brown had no wife when he died in 2006 and that probate of his will should proceed promptly “in accordance with his estate plan.”

Brown’s estate plan provided for an education charity, the “I Feel Good” Trust, to be funded with copyrights to his 850+ songs and rights to his image.

Under the U.S. Copyright Act, Brown’s marital status would have an impact on the charity’s control of his copyrights, and the question had been on appeal since 2015.

Brown and his companion Tomirae Hynie exchanged vows in 2001, but her 1997 marriage was not annulled until 2004. After Brown’s death, she contested his will and claimed a spousal interest in his assets. As a spouse, by exercising valuable “termination rights” given to heirs under the U.S. Copyright Act, she could have become entitled to certain U.S. royalties from copyrights Brown left his charity.

An estate expert testified at a 2018 Brown-related trial that the termination rights of Brown’s heirs were worth $8.8 million. Estate expert Roger Miller of New York testified in a 2017 deposition that Brown’s copyrights were worth $60-80 million.

In denying Hynie’s spousal claim, the court ruled that a first marriage must be resolved by law before a second marriage can be valid.

“The ongoing litigation since Brown’s passing has thwarted his expressed wish that his estate be used for educational purposes,” wrote Chief Justice Donald Beatty.

The Court found it “lamentable” that 13 years after Brown’s death, not one scholarship had been awarded.

Several news stories in the national press have suggested that “I Feel Good” scholarships would be awarded soon, now that the court has decided Brown was not married.

Those who have followed the tortuous twists and turns of the Brown estate may be doubtful.

It seems nothing is ever simple in the James Brown estate. There are always complications.

In this case, the first of several complications would be the U.S. Copyright Act.

Under the Copyright Act, the termination rights deny Brown’s charity full control over the proceeds of his life’s work, which he intended to benefit needy students.

Now that Hynie’s spousal claim has been denied, his heirs — including the children he intentionally disinherited — will continue to have the right to exercise termination rights on the U.S. portion of Brown’s worldwide royalties.

The termination rights do not apply to Brown’s image, nor do they apply to international royalties, which account for about half of Brown’s income from his copyrights.

Based on previous court filings, charities such as the “I Feel Good” Trust and the Ray Charles Foundation can have a “seat at the table” to assure termination rights of heirs are properly limited.

At the moment it could be complicated for the Brown heirs and his charity to be seated at the same table. The heirs have filed a federal lawsuit against the current trustee of the estate, Columbia CPA Russell Bauknight, over termination rights.

During the years Hynie’s marital status was under appeal, Bauknight and music manager Peter Aftermann worked with Hynie and her son, James Brown II, on selling rights to some of James Brown’s songs, according to court filings in other James Brown cases.

Hynie received payments for the songs, and so did some Brown children.

Yet another complication: how much money is available in the “I Feel Good” Trust for scholarships?

Other than Bauknight, all trustees since 2007 have valued Brown’s music empire at about $85 million. Bauknight; however, claimed to the IRS the value was $4.7 million.

Evidence in several James Brown lawsuits has cast doubt on the $4.7 million figure, given that Brown earned at least $4.7 million a year before his death and about $4 million every year afterwards.

Further, Bauknight told a federal court in 2018 that tens of millions in legal costs had been spent from Brown’s charity, which may have considerably reduced the amount available for scholarships.

Too, if Bauknight settles the federal lawsuit against him with money from the charity, what would be left?

A final complication? Is Hynie really out of the picture?

During the Supreme Court arguments on Brown’s marital status, one of Hynie’s attorneys, Prof. Alan Medlin of Columbia, was asked if her 2017 settlement with the estate would be contingent on her being found the lawful wife of James Brown.

Medlin answered, “Not exactly.”

Not exactly.

No, nothing is ever simple in the James Brown estate, but the recent Supreme Court ruling has directed the spotlight squarely on the charity — where these questions have some chance of being answered.

At last.

It is the duty of the Office of the Attorney General to protect charities, and Attorney General Alan Wilson has expressed great hope for the “I Feel Good” Trust. “We look forward to being able to award scholarships to needy students in accord with James Brown’s wishes.”

Communications Director for Attorney General Wilson, Robert Kittle, reported that at this point his office did not know how much money was available for scholarships, and details about how and when scholarships would be awarded had not been worked out yet.

Still, the Supreme Court has moved the charity one step closer to scholarship awards.

And the whole world is watching now, waiting for the answer to one question:

When will the “I Feel Good” Trust feel good at last?